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B-413104.10 1 (2017-04-18)

handle is hein.gao/gaobadtiq0001 and id is 1 raw text is: GAOU.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: Competitive Range Solutions, LLC File: B-413104.10 Date: April 18, 2017 Steven J. Koprince, Esq., Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., Candace M. Shields, Esq., and Ian P. Patterson, Esq., Koprince Law LLC, for the protester. Seeta Rebbapragada, Esq., Department of Health and Human Services, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging exclusion from small business set-aside competition is sustained where the agency found the protester's proposal unacceptable because it did not demonstrate required capabilities in health-related missions and the agency failed to refer the small business protester to the Small Business Administration (SBA) under the SBA's certificate of competency procedures. DECISION Competitive Range Solutions, LLC (CRS), of O'Fallon, Illinois, protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of the protester's proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the agency's exclusion of its proposal based on its failure to have sufficient capabilities in health-related missions amounted to a nonresponsibility determination that should have been referred to the Small Business Administration (SBA) under SBA's certificate of competency (COC) procedures. We sustain the protest. BACKGROUND Pursuant to Section 5112(e) of the Clinger-Cohen Act of 1996, 40 U.S.C. § 11302(e), the Office of Management and Budget has designated NIH as an executive agent for

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