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B-418682.2 1 (2020-09-15)

handle is hein.gao/gaobaebsu0001 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 a GAO Protective Order. This version has been Decision approved for public release. Matter of: Candor Solutions, LLC File: B-418682.2 Date: September 15, 2020 Daniel J. Strouse, Esq., David S. Cohen, Esq., Laurel A. Hockey, Esq., Joshua D. Schnell, Esq., and John J. O'Brien, Esq., Cordatis LLP, for the protester. Jose Otero, Esq., and Virginia Ackerman, Esq., Department of Labor, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's cancellation of a small business set-aside procurement in favor of an unrestricted competition is dismissed as untimely because a solicitation amendment put the protester on notice that any set-aside had been dissolved, and the protester did not timely challenge the agency's decision to cancel the set-aside for small businesses. DECISION Candor Solutions, LLC, a small business of Leesburg, Virginia, protests the cancellation of request for proposals (RFP) No. 1605DC-20-R-00021, which was issued by the Department of Labor (DOL), for the issuance of a task order to operate, maintain, and manage the Job Corps Data Center in Austin, Texas. Candor alleges that the cancellation of the solicitation, which it contends was set-aside for small business concerns, was improper because the agency failed to comply with the requirements in Federal Acquisition Regulation (FAR) 19.502-9 for withdrawing or modifying a small business set-aside procurement. The protester also contends that the agency's decision to cancel the small business set-aside procurement, and decision to procure the required services on an unrestricted basis, violated the agency's obligation to give priority to small business set-asides pursuant to FAR 19.203, and circumvented the agency's own market research and rule of two analysis pursuant to FAR 19.502-2(b). We dismiss the protest because the protester's allegations are untimely.

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