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B-417028.4 1 (2019-09-17)

handle is hein.gao/gaobadzzm0001 and id is 1 raw text is: 



G     A     O       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
                                              a GAO Protective Order. This redacted version has
Decision
                                                   bee ..,  p.r.o..v.e.d...f.o.r.p..u.b.I~....r..J e..a.s..e ................................................


Matter of:   Semper Valens Solutions, Inc.

File:        B-417028.4

Date:     September 17, 2019

William K. Walker, Esq., Walker Reausaw, for the protester.
Matthew P. Moriarty, Esq., Ian P. Patterson, Esq., Shane J. McCall, Esq., Nicole D.
Pottroff, Esq., and Robert D. Kampen, Esq., Koprince Law LLC, for NavQSys, LLC, the
intervenor.
Wade L. Brown, Esq., and Thomas L. Clark, Esq., Department of the Army, and Kevin
R. Harber, Esq., Small Business Administration, for the agencies.
Louis A. Chiarella, Esq., Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest that contracting agency improperly referred awardee to the Small Business
Administration (SBA) for consideration under certificate of competency (COC)
procedures does not fall within exceptions that allow for review by our Office; protest
that the SBA failed to consider vital information bearing on the awardee's responsibility
when granting the issuance of a COC is denied where there is no evidence the
contracting agency provided incorrect information to, or withheld information from, the
SBA.

2. Protest challenging contracting agency's best-value tradeoff decision is denied
where the agency reasonably considered offerors' total evaluated costs in accordance
with the solicitation; protester's assertion that agency should have considered other
costs amounts to a challenge to the terms of the solicitation and is untimely.
DECISION

Semper Valens Solutions, Inc. (SVS), of Canyon Lake, Texas, protests the award of a
contract to NavQSys, LLC, of Aberdeen Proving Ground, Maryland, under request for
proposals (RFP) No. W56KGY-17-R-0020, issued by the Department of the Army, Army
Materiel Command, for systems engineering and technical assistance (SETA) support
services. SVS argues that the Army improperly found NavQSys to be nonresponsible
for lack of a facility security clearance, and improperly referred the awardee to the Small
Business Administration (SBA) for a certificate of competency (COC) review. SVS also

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