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B-400582 1 (2008-12-18)

handle is hein.gao/gaobadarn0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Datamaxx Group, Inc. File: B-400582 Date: December 18, 2008 Carla D. Craft, Esq., Maynard Cooper & Gale P.C., and Jerome S. Gabig, Jr., Esq., Law Office of Jerome S. Gabig, for the protester. Peter Jones, Esq., Transportation Security Administration; Kathleen D. Martin, Esq., and David B. Funk, Esq., Department of Homeland Security; and John W. Klein, Esq., and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly proposes to issue a task order under an indefinite-delivery/indefinite-quantity contract without considering a small business set-aside is dismissed as untimely where the protest was filed after the closing date for submission of proposals under the solicitation for the indefinite- delivery/indefinite-quantity contract, and the solicitation provided clear notice that its scope included the services under the task order. DECISION Datamaxx Group, Inc., doing business as Datamaxx Applied Technologies, Inc., of Tallahassee, Florida, a small business, protests the terms of task order request for proposals (Task Order RFP) No. HSTSO7-08-R-00024 by the Transportation Security Administration (TSA) for software development services. The Task Order RFP was issued to vendors holding Enterprise Acquisition Gateway for Leading Edge Solutions (EAGLE) multiple award indefinite-delivery/indefinite- quantity (ID/IQ) contracts; Datamaxx does not hold an EAGLE ID/IQ contract. As the incumbent small business software development contractor for these services, Datamaxx essentially challenges their inclusion under request for proposals No. HSHQDC-05-R-00010 (RFP), the EAGLE solicitation, and argues that these services must instead be procured as a stand-alone requirement and set aside for small businesses. We dismiss the protest.

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