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B-293974 1 (2004-07-01)

handle is hein.gao/gaobacysc0001 and id is 1 raw text is: I G A 0Comptroller General .. . .Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: The Atlantic Company of America, Inc. File: B-293974 Date: July 1, 2004 Joel S. Rubinstein, Esq., Bell, Boyd & Lloyd, for the protester. Lee W. Crook, III, Esq., GSA-Public Buildings Service, and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST As a matter of policy, GAO will not disturb HUBZone small business set-aside decision where four proposals were received from HUBZone concerns that agency determined were technically capable and offered a fair market price. DECISION The Atlantic Company of America, Inc. protests the decision of the General Services Administration (GSA) to issue request for proposals (RFP) No. GS-07P-04-UUC-0008, for masonry restoration at the U.S. Customs House in New Orleans, as a set-aside for Historically Underutilized Business Zone (HUBZone) small business concerns. We deny the protest. Where, as here, an acquisition exceeds the simplified acquisition threshold, it must be set aside for HUBZone small business concerns if the agency determines that there is a reasonable expectation that offers will be received from two or more such concerns, and that award will be made at a fair market price. Federal Acquisition Regulation (FAR) § 19.1305(a), (b). Generally, our Office regards a determination to set aside a procurement as a matter of business judgment, within the agency's discretion, that we will not disturb absent a clear showing that it is unreasonable. See York Int'l Corp., B-244748, Sept. 30, 1991, 91-2 CPD ¶ 282 at 6. GSA reports that, in determining to set aside this procurement for HUBZone concerns, the contracting officer considered information from the GSA project

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