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B-404241,B-404241.2 1 (2011-01-19)

handle is hein.gao/gaobadbqp0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: B&B Medical Services, Inc.; Rotech Healthcare, Inc. File: B-404241; B-404241.2 Date: January 19, 2011 Richard L. Moorhouse, Esq., Greenberg Traurig LLP, and Kyle R. Jefcoat, Esq., Latham & Watkins LLP for the protesters. Stephen F. Butera, Esq., Department of Veterans Affairs, and Sam Q. Le, Esq., Small Business Administration, for the agencies. Cherie J. Owen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Statutory non-manufacturer rule does not apply to procurements set aside for Historically Underutilized Business Zone small business concerns. DECISION B&B Medical Services, Inc., of Oklahoma City, Oklahoma, and Rotech Healthcare, Inc., of Orlando, Florida, protest the terms of request for proposals (RFP) No. VA-244-10-RP-0221 issued by the Department of Veterans Affairs (VA) for home oxygen equipment rental and services. Specifically, the protesters challenge the VA's decision not to apply a statutory non-manufacturer rule to the solicitation, and the agency's decision to set aside this procurement for Historically Underutilized Business Zone (HUBZone) small businesses. B&B also asserts that the agency must evaluate non-manufacturers using a 500-employee size standard. We deny the protests. BACKGROUND The RFP, issued on September 28, 2010, as a HUBZone small business set-aside, contemplates the award of a firm fixed-price requirements contract to provide home oxygen equipment rental and services to VA beneficiaries within defined geographic areas. RFP at 1, 68. The agency first began attempting to fulfill this requirement under RFP VA-244-09-RP-0252, issued on August 19, 2009, as a small business set-aside. The agency initially assigned North American Industry Classification

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