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B-401693,B-401693.2 1 (2009-10-20)

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         G    A   O                                                  Comptroller General
      Acc untabiity * Integrity * Reliability of the United States
United States Government Accountability Office
Washington, DC 20548

            D   ..
         Decision


         Matter of:  Family Entertainment Services, Inc.

         File:       B-401693; B-401693.2

         Date:       October 20, 2009

         Michael Bornstein, Esq., Bornstein Law Offices, Inc., for the protester.
         Michael Twine, for G2 Engineering and Management, Inc., an intervenor.
         Laura L. Hoffman, Esq., Department of Energy, for the agency.
         Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Protest that solicitation for facilities support services should have been set aside for
         historically underutilized business zone (HUBZone) businesses is denied, where
         agency reasonably determined from market research, past procurement history,
         consultation with a contracting officer at a similar site, and consultation with the
         Small Business Administration that there was not a reasonable likelihood that two or
         more responsible HUBZone  business offerors would submit proposals at a fair and
         reasonable price.
         DECISION

         Family Entertainment Services, Inc. (FESI), of Jackson, Ohio, protests the terms of
         request for proposals (RFP) No. DE-SOL-0000530, issued by the Department of
         Energy (DOE) for facilities support services for the environmental clean-up activities
         at the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio, a site with Category 2
         nuclear facilities. FESI contends that the RFP should have been set aside for a
         competition limited to Historically Underutilized Business Zone (HUBZone)
         businesses.

         We deny the protest.

         BACKGROUND

         On June 4, 2009, DOE issued a solicitation seeking facilities support services to
         support current and future decontamination and decommissioning (D&D) work at
         the Portsmouth Gaseous Diffusion Plant. The D&D work was to include maintaining

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