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B-299072 1 (2007-01-31)

handle is hein.gao/gaocrptaucw0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Hydroid LLC File: B-299072 Date: January 31, 2007 Charles R. Marvin, Jr., Esq., Thomas J. Madden, Esq., Sharon A. Jenks, Esq., and Dismas N. Locaria, Esq., Venable LLP, for the protester. Fred Kopatich, Esq., and Mark Langstein, Esq., National Oceanic and Atmospheric Administration, and Kenneth Dodds, Small Business Administration, for the agencies. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In small business set-aside, agency's acceptance of firm's claimed entitlement to small business status under nonmanufacturer rule was unreasonable where agency should have known firm's claimed status was questionable, and therefore should have challenged its status before Small Business Administration. DECISION Hydroid LLC protests issuance of a purchase order to Brooke Ocean Technology USA, Inc. (BOT-USA) under request for quotations (RFQ) No. NCNJ1000-6-00001, a 100-percent small business set-aside issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for an autonomous underwater vehicle (AUV). Hydroid asserts that BOT-USA was ineligible for the order as a small business. We sustain the protest.! 1 On December 12, 2006, our Office conducted an alternative dispute resolution telephone conference with the parties. The GAO attorney of record explained in detail why he anticipated that the protest would be sustained for the reasons set forth in this decision. Because neither party took action rendering the protest academic, we are issuing this decision.

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