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B-413837 1 (2016-12-28)

handle is hein.gao/gaobadsxr0001 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:   NTELX, Inc.

         File:        B-413837

         Date:        December 28, 2016

         William M. Weisberg, Esq., Law Offices of William Weisberg, for the protester.
         Pamela J. Mazza, Esq., Megan C. Connor, Esq., Patrick T. Rothwell, Esq., Piliero
         Mazza PLLC, for TTW Solutions, Inc., the intervenor.
         Melissa Buford, Esq., Consumer Product Safety Commission, for the agency.
         Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that agency improperly awarded a sole-source contract through the Small
         Business Administration's 8(a) program is denied where the record does not show
         bad faith on the part of government officials.
         DECISION

         NTELX, Inc., a small business of Vienna, Virginia, protests the award of a
         sole-source contract to TTW Solutions Inc., an 8(a) small business of Potomac,
         Maryland, under request for quotations (RFQ) No. CPSC-Q-1 5-0060, which was
         issued by the Consumer Product Safety Commission (CPSC) for operation and
         maintenance of CPSC's international trade data system risk assessment
         methodology (RAM) software system. The protester contends that CPSC acted in
         bad faith when it improperly awarded the sole-source contract to TTW under the
         Small Business Administration's (SBA's) 8(a) program in violation of Federal
         Acquisition Regulation (FAR) part 6 requirements for full and open competition.

         We deny the protest.

         BACKGROUND

         On August 19, 2010, CPSC issued an 8(a) sole-source award for development of a
         RAM 1.0 system. Memorandum of Law (MOL) at 1-2; Agency Request for
         Dismissal at 3. The purpose of the RAM system is to identify the potential risk of
         shipments of consumer products at U.S. ports of entry. Id. NTELX was a

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