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B-409680,B-409681 1 (2014-04-22)

handle is hein.gao/gaobadqge0001 and id is 1 raw text is: G A O Comptroller General Acc ; tabty * Infegrlty Reliabikty of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Adams and Associates, Inc. File: B-409680; B-409681 Date: April 22, 2014 Lindsay Simmons, Esq., and Katherine A. Calogero, Esq., Jackson Kelly PLLC, for the protester. David R. Koeppel, Esq., Peter J. Dickson, Esq., and Savannah Wilson, Esq., Department of Labor, for the agency. Nora K. Adkins, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protests challenging the agency's decision to set aside two solicitations for small businesses are dismissed as untimely challenges to the solicitations' terms where the protests were not filed prior to the closing date for receipt of proposals. 2. Protests filed with our Office, after the conclusion of bid protests that were filed at the U.S. Court of Federal Claims and appealed to the U.S. Court of Appeals for the Federal Circuit, are dismissed where the decision by the courts constituted a final adjudication on the merits with respect to the procurement, and the effect of such a judgment extends to both matters that were decided, as well as those that could have been brought before the court by the protester; such decisions bars further reconsideration of the merits of those issues by our Office. DECISION Adams and Associates, Inc., of Reno, Nevada, protests the terms of request for proposals (RFP) Nos. DOL121 RP20475 and DOL12QA20003, which were issued by the U.S. Department of Labor, Employment and Training Administration for the operation of the Gadsden Job Corps Center in Gadsden, Alabama, and the Shriver Job Corps Center in Ayer, Massachusetts. The protester, a large business and the incumbent contractor at the Gadsden and Shriver Centers, asserts that the agency improperly restricted the solicitations to small businesses. We dismiss the protests as untimely.

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