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B-421563 Jul 03, 2023 1 (2023-07-03)

handle is hein.gao/gaoowr0001 and id is 1 raw text is: 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: Nolij Consulting, LLC File: B-421563 Date: July 3, 2023 Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., Reston Law Group, LLP, for the protester. Jennifer S. Zucker, Esq., and Christopher M. O'Brien, Esq., Greenberg Traurig, LLP, for BCG Federal Corporation, the intervenor. Timothy J. Haight, Esq., Michael C. Ahl, Esq., and Bradley E. Richardson, Esq., Department of Defense, and John W. Klein, Esq., and Mark Hagedorn, Esq., Small Business Admnistration, for the agencies. Katherine I. Riback, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not an interested party to challenge the removal of a requirement from the Small Business Administration's 8(a) program where the protester is not an 8(a) small business and would not be eligible to compete for the contract even if the protest was sustained. DECISION Nolij Consulting, LLC, a small business of Tysons, Virginia, protests the proposed modification of a task order issued by the Department of Defense (DOD), Defense Health Agency (DHA), to BCG Federal Corporation, of Bethesda, Maryland, to add testing and evaluation services that are being performed by an 8(a) small business.1 Nolij argues that the agency improperly removed the requirement from the 8(a) business development program in order to place it with a large business concern. 1 Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a), authorizes the Small Business Administration (SBA) to enter into contracts with government agencies and to arrange for performance through subcontracts with socially and economically disadvantaged small businesses. Federal Acquisition Regulation (FAR) subpart 19.8. This program is commonly referred to as the 8(a) program.

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