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B-413104.34 1 (2019-04-17)

handle is hein.gao/gaobadzev0001 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: ESAC, Inc. File: B-413104.34 Date: April 17, 2019 Steven J. Koprince, Esq., Ian P. Patterson, Esq., John M. Mattox II, Esq., and Nicole Pottroff, Esq., Koprince Law LLC, for the protester. Christine Simpson, Esq., Department of Health and Human Services, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging elimination from competition is denied where agency reasonably found the protester's proposal failed to comply with the solicitation's specific instructions to submit an asset and liability report for one of its contract team arrangement members. DECISION ESAC, Inc., an 8(a) small business, of Rockville, Maryland, protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of its proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the exclusion of ESAC's proposal, for failure to submit an asset and liability report for one of its contract team arrangement (CTA) members, was unreasonable and amounted to a nonresponsibility determination that should have been referred to the Small Business Administration (SBA) under the SBA's certificate of competency (COC) procedures. We deny the protest. BACKGROUND The RFP, issued on March 14, 2016, contemplated the award of additional indefinite-delivery, indefinite-quantity (IDIQ) contracts for NIH's existing Chief

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