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B-413004,B-413004.3,B-413004.4 1 (2016-07-22)

handle is hein.gao/gaobadsju0001 and id is 1 raw text is: 




         G    A    O                                                    Comptroller General
      Accountabilty * 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. This redacted version has
                                                     been approved for public release.
         D  e c i s i o n                          - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   The COGAR Group, Ltd.

         File:        B-413004; B-413004.3; B-413004.4

         Date:        July 22, 2016

         Robert K. Tompkins, Esq., Leila S. George-Wheller, Esq., and Elizabeth N. Jochum,
         Esq., Holland & Knight, LLP, for the protester.
         Katherine S. Nucci, Esq., Thompson Coburn LLP, for the intervenor.
         Timothy Lorenzi, Esq., and Denise A. McLane, Esq., Department of Homeland
         Security, for the agency.
         Paula J. Haurilesko, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest that the agency improperly implemented a solicitation provision that
         permitted the contracting officer to limit the number of proposals that were
         evaluated is denied, where the agency complied with the terms of the provision and
         inclusion of the provision was not protested prior to the closing date for receipt of
         proposals.
         DECISION

         The COGAR Group, Ltd., of Fairfax, Virginia, protests the award of a contract to
         Patronus Systems, Inc., of Melbourne, Florida, by the Department of Homeland
         Security (DHS), Federal Protective Service, under request for proposals (RFP)
         No. HSHQWA-15-R-00002, for professional security services. COGAR challenges
         the agency's failure to evaluate the firm's proposal and the agency's evaluation of
         the awardee's proposal.

         We deny the protest.

         BACKGROUND

         The RFP, issued as a set-aside for small business concerns under Federal
         Acquisition Regulation Part 12, acquisition of commercial items, provided for the
         award of an indefinite-delivery/indefinite-quantity contract for professional security
         services to be performed at various federally-owned, leased, or occupied facilities in

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