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B-403946.2 1 (2012-06-29)

handle is hein.gao/gaobadowy0001 and id is 1 raw text is: 1J G A Comptroller General Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Tennier Industries, Inc. File: B-403946.2 Date: June 29, 2012 Ruth E. Ganister, Esq., Rosenthal and Ganister, LLC, for the protester. William Robinson, Esq., and Seth Bogin, Esq., Federal Bureau of Prisons, for Federal Prisons Industries, Inc., the intervenor. Allison Colsey Eck, Esq., Defense Logistics Agency, and John W. Klein, Esq. and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Jacqueline Maeder, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that Department of Defense agency improperly permitted Federal Prison Industries, Inc. (FPI) to participate in an Historically Underutilized Business Zone (HUBZone) small business set-aside procurement for supplies on the FPI Schedule, is denied where statute and regulations specifically allow FPI to participate in the procurement. 2. Protest that agency improperly failed to apply HUBZone price evaluation preference is denied where the solicitation did not include the price evaluation preference. DECISION Tennier Industries, Inc., of Boca Raton, Florida, protests the Defense Logistics Agency's award of a contract to Federal Prison Industries, Inc. (FPI), of Washington, D.C., under request for proposals (RFP) No. SPM1C1-09-R-0081, for extreme cold/wet weather trousers. The RFP was set aside for historically underutilized business zone (HUBZone) small business concerns. Tennier contends that the award to FPI is improper because FPI is not a HUBZone small business and will not provide a product manufactured by a HUBZone small business as required by the solicitation. We deny the protest.

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