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B-416544 1 (2018-07-12)

handle is hein.gao/gaobaduwe0001 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




Decision


Matter of: CWIS, LLC

File:       B-416544

Date:       July 12, 2018

Rene Ugarte, Esq., Whitcomb, Selinsky, McAuliffe PC, for the protester.
Julie Cannatti, Esq., and Audrey Roh, Esq., Department of Housing and Urban
Development, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that agency lacked a valid basis for sole-source contract award is dismissed as
untimely where protest was submitted to GAO after closing time on Friday, and thus
was not filed until Monday morning when GAO reopened for filings, which was more
than 10 days after protester knew or should have known its basis of protest,
notwithstanding counsel's apparent unsuccessful attempt to file protest 1 minute before
closing time on Friday.
DECISION

CWIS, LLC, of Colorado Springs, Colorado, protests sole-source justification
No. JOFOC1817, issued by the Department of Housing and Urban Development (HUD),
to enter into a 12-month contract with P.K. Management Group, Inc. (PKMG), of Doral,
Florida, for field service management (FSM) services at HUD-managed properties in
Nevada, Idaho, Oregon, Washington, and Alaska (known as areas 4S and 6S). CWIS
argues that HUD lacked a valid legal and factual basis to award a contract to PKMG on
a sole-source basis due to unusual and compelling urgency, rather than holding at least
a limited competition; that even if there were a valid basis, the 12 month term exceeds
the time necessary to conduct a competition for the requirement; and that the unusual
and compelling urgency cited by HUD is negated by a lack of reasonable planning.

We dismiss the protest as untimely.

As background, starting on May 1, 2018, GAO fully implemented the electronic protest
docketing system (EPDS). Under regulations effective that day, all new protests were
required to be filed using the EPDS system (at https://epds.gao.gov/login), which

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