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B-419167 1 (2020-12-23)

handle is hein.gao/gaobaecfj0001 and id is 1 raw text is: 



GAiOU.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:   ITility, LLC

File:        B-419167

Date:     December 23, 2020

Isaias Alba, IV, Esq., Jacqueline K. Unger, Esq., Christine C. Fries, Esq., and Jonathan
I. Pomerance, Esq., Piliero Mazza PLLC, for the protester.
Alexander B. Ginsberg, Esq., Meghan D. Doherty, Esq., Robert Starling, Esq., and
Kevin R. Massoudi, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Enterprise
Information Services, LLC, the intervenor.
Christine Fontenelle, Esq., and Pavan Mehrotra, Esq., Department of Homeland
Security; John W. Klein, Esq., and Sam Q. Le, Esq., Small Business Administration, for
the agencies.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest alleging that a procuring agency was required to set aside a procurement for
small businesses, instead of issuing its requirements as a task order on an unrestricted
basis under a multiple-award contract, is denied where the procuring agency used its
discretion pursuant to Federal Acquisition Regulation sections 16.505 and 19.504, as
well as 13 C.F.R. § 125.2(e)(6)(ii), not to set aside for small businesses a task order
issued under a multiple-award contract.
DECISION

ITility, LLC, a small business of Chantilly, Virginia, protests the issuance of a task order
to Enterprise Information Services, LLC (EIS), of Vienna, Virginia, under request for
quotations (RFQ) No. 70RDAD20Q00000133, issued   by the Department of Homeland
Security (DHS), for program management and information technology support for the
DHS  Financial Systems Modernization (FSM) Joint Program Management Office
(JPMO).  ITility alleges that DHS conducted inadequate market research to determine
whether the procurement should have been set aside for small business concerns, and
otherwise failed to comply with other applicable acquisition planning requirements.


We  deny the protest.

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