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B-406040 1 (2012-01-24)

handle is hein.gao/gaobadoms0001 and id is 1 raw text is: A G A 0 Comptroller General , Accountability - Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of. The Argos Group, LLC File: B-406040 Date: January 24, 2012 Dennis Cotto for the protester. Gary Davis, Esq., General Services Administration, and Sam Q. Le, Esq., Small Business Administration, for the agencies. Gary R. Allen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's contention that the 10 percent price evaluation preference in the Historically Underutilized Business Zone Act of 1997, 15 U.S.C. § 657a(b)(3)(B), should be applied in lease procurements by the General Services Administration (GSA) is sustained where the statute, on its face, applies in any case in which a contract is to be awarded on the basis of full and open competition, and where: (1) the lease that will result from this procurement is a contract, (2) the agency is using full and open competition to award the contract; and (3) there is no language in the statute suggesting that an exception is applicable for GSA lease procurements. DECISION The Argos Group, LLC, of Washington, DC, protests the terms of solicitation No. ONY2508 (Hudson Valley), issued by the General Services Administration (GSA) for leased space for the Federal Bureau of Investigation in the vicinity of Hudson Valley, New York. Argos argues that GSA improperly excluded the 10 percent price evaluation preference provision mandated by the Historically Underutilized Business Zone Act of 1997 (HUBZone Act), Pub. L. No. 105-135, §§ 601-607, 111 Stat. 2592, 2627-36 (codified at 15 U.S.C. § 657a (2010), as set forth in Federal Acquisition Regulation (FAR) clause 52.219-4. We sustain the protest.