PilieroMazza assisted an intervenor in defending a contract award that was protested by FPM Remediations, Inc. (FPM) to the U.S. Government Accountability Office (GAO).  The RFP in this case was a small business set-aside and contemplated multiple IDIQ contracts with award of at least one contract to a SDVOSB firm, one contract to an 8(a) firm, and one contract to a HUBZone firm, plus up to three contracts to small businesses.  Offerors that competed unsuccessfully for a SDVOSB, 8(a), or HUBZone award were then considered for one of the small business contracts. 

FPM, which was initially selected by the Army Corps of Engineers (Corps) as the HUBZone awardee but subsequently lost the award due to a successful HUBZone protest against it, claimed that the Corps improperly failed to consider FPM for one of the small business awards.  Ruling against FPM, the GAO found that FPM did not establish a valid basis for challenging the Corps’ actions since FPM’s inaccurate representation that it was an eligible HUBZone firm resulted in its selection for the HUBZone award, which in turn made FPM unavailable when the remaining small business awards were made.  Therefore, GAO held that FPM, not the Corps, was responsible for FPM not being considered for a small business award and the protest was dismissed.