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B-414068.4 1 (2017-09-08)

handle is hein.gao/gaobadtuq0001 and id is 1 raw text is: 



GAO U.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:  Synchrogenix Information Strategies, LLC

File:        B-414068.4

Date:       September 8, 2017

David S. Cohen, Esq., Laurel A. Hockey, Esq., Daniel Strouse, Esq., and John J.
O'Brien, Esq., Cohen Mohr LLP, for the protester.
Christine Simpson, Esq., Department of Health and Human Services; John W. Klein,
Esq., and Meagan K. Guerzon, Esq., Small Business Administration, for the agencies.
Peter D. Verchinski, Esq., and Amy B. Pereira, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest asserting that an agency is required to cancel a solicitation set aside for small
businesses is denied where the protester does not show that the agency's failure to
cancel the solicitation violates any law or regulation.
DECISION

Synchrogenix Information Strategies, LLC, of Wilmington, Delaware, protests the terms
of request for proposals (RFP) No. 16-223-SOL-00073, issued by the Department of
Health and Human Services, Food and Drug Administration (FDA), as a small business
set-aside for software licenses, maintenance and support, and other activities
associated with implementing the Electronic Common Technical Document (eCTD)
validation and review software. Synchrogenix primarily alleges that the agency should
cancel the solicitation because, while the procurement was being conducted, the
protester's size status changed from small to other than small, such that the agency no
longer has a reasonable expectation of receiving offers from two small business
concerns.

We deny the protest.

BACKGROUND

The FDA issued the RFP on July 1, 2016, as a combined synopsis/solicitation under the
commercial item provisions of Federal Acquisition Regulation (FAR) subpart 12.6. The
RFP seeks to award a fixed-priced contract for a base year and four 1-year option

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