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B-408535.2 1 (2014-06-19)

handle is hein.gao/gaobadqko0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
     Accountability * Integrity * Reliability                          of the United States
United States Government Accountability Office   DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to
                                                    a GAO Protective Order. This redacted version has
                                                    been approved for public release.
         D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Wakan, LLC

         File:        B-408535.2

         Date:        June 19, 2014

         Michael J. Gardner, Esq., Erik M. Ideta, Esq., and Jennifer Mouchet Hall, Esq.,
         Troutman Sanders LLP, for the protester.
         Stephen E. Ruscus, Esq., Katelyn M. Moscony, Esq., Donna Lee Yesner, Esq., and
         Jonathan A. Havens, Esq., Morgan, Lewis & Bockius LLP, for Tyson Foods, Inc.,
         the intervenor.
         Katherine B. McCulloch, Esq., Defense Logistics Agency; and Laura M. Foster,
         Esq., Small Business Administration, for the agencies.
         Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that an agency failed to apply a Historically Underutilized Business Zone
         (HUBZone) price evaluation preference is denied, where the agency reasonably
         found that the protester, a certified HUBZone small business, had not agreed to
         perform certain conditions required by Federal Acquisition Regulation clause
         52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
         Concerns, that was incorporated into the solicitation.
         DECISION

         Wakan, LLC, of Ramah, New Mexico, protests the award of a contract to Tyson
         Foods, Inc., of Springdale, Arkansas, under request for proposals (RFP)
         No. SPM300-13-R-0014 issued by the Defense Logistics Agency (DLA) for chicken
         products. Wakan, a Historically Underutilized Business Zone (HUBZone) small
         business concern, argues that DLA failed to apply the HUBZone price evaluation
         preference in accordance with the terms of the solicitation.


We deny the protest.

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