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B-415394 1 (2018-01-04)

handle is hein.gao/gaobadues0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 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: Herman Construction Group, Inc. File: B-415394 Date: January 4, 2018 William L. Bruckner, Esq., and Jessica L. Mulvaney, Esq., Bruckner Law Firm, APC, for the protester. Carissa Siebeneck Anderson, Esq., Jon M. DeVore, Esq., and Melinda L. Meade Meyers, Esq., Birch, Horton, Bittner & Cherot, for Eklutna Construction & Maintenance, LLC, the intervenor. Scott N. Flesch, Esq., and Captain William T. Wicks, Department of the Army, for the agency. John W. Klein, Esq., and Laura M. Foster, Esq., Small Business Administration. Kenneth Kilgour, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation failed to include a geographic area restriction is dismissed as untimely when filed after the time set for bid opening. DECISION Herman Construction Group, Inc., of Escondido, California, protests the award of a contract to Eklutna Construction & Maintenance, LLC, of Eagle River, Alaska, under invitation for bids (IFB) No. W91 1 SA-1 7-B-2008, issued by the Department of the Army, as a competitive Small Business Administration (SBA) 8(a) set-aside, for facilities repairs at Fort Hunter Liggett, California. The protester asserts that the awardee is ineligible because it does not have a bona fide place of business within the geographic area serviced by the SBA district office that accepted the requirement into the 8(a) program and that the IFB failed to include a required geographic area restriction. We dismiss the protest. BACKGROUND On August 9, 2017, the Army submitted a letter to the SBA's district office in Fresno, California, offering the requirement for facilities repairs for competition under the SBA's

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