About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-419577 May 12, 2021 1 (2021-05-12)

handle is hein.gao/gaolsa0001 and id is 1 raw text is: 1O   o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision                           a GAO Protective Order. This redacted version has
been approved for public release.
Matter of:  Foxhole Technology, Inc.
File:     B-419577
Date:     May 12, 2021
Stuart B. Nibley, Esq., Sarah Burgart, Esq., Melody Alemansour, Esq., Amy C. Hoang,
Esq., and Erica Bakies, Esq., K&L Gates LLP, for the protester.
Tracey L. Sasser, Esq., and Megan Nathan, Esq., Department of Education, for the
agency.
Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest challenging agency's decision to set aside procurement for historically
underutilized business zone small business concerns under a procurement conducted
pursuant to the Federal Supply Schedule procedures of Federal Acquisition Regulation
subpart 8.4 is denied where three quotations were received from HUBZone businesses
that are capable of performing the work.
DECISION
Foxhole Technology, Inc. of Fairfax, Virginia, a service-disabled veteran-owned small
business concern, protests the decision of the Department of Education to set aside for
historically underutilized business zone (HUBZone) small business concerns, request
for quotations (RFQ) No. 9199002100001 for highly adaptive cyber augmentation
services. Foxhole argues that the agency's decision to set aside the procurement for
HUBZone small business concerns was based on inadequate market research and was
therefore not justified.
We deny the protest.
BACKGROUND
The agency used General Services Administration (GSA) Federal Supply Schedule
(FSS) procedures, Federal Acquisition Regulation (FAR) subpart 8.4, for this
procurement, and issued the RFQ as a set-aside for HUBZone small business
concerns. The RFQ was issued under Multiple Award Schedule (MAS) Special Item
Number (SIN) 54151, highly adaptive cybersecurity and order level materials. Agency

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most