HUBZone Trumps 8(a) at GAO No Matter What DOJ Thinks
GAO sustained a protest by a disappointed HUBZone bidder reiterating that under its reading of the plain language of the Historically Underutilized Business Zone (HUBZone) statute, a contracting agency must issue a solicitation as a HUBZone set-aside if it determines that the statutory conditions for a HUBZone set-aside exist. GAO contrasted this holding with the language in the 8(a) set-aside statute which gives the agency discretion to issue a solicitation as an 8(a) set-aside when the conditions of that statute are met.
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