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B-419569 May 05, 2021 1 (2021-05-05)

handle is hein.gao/gaolmj0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: M R Pittman Group, LLC File: B-419569 Date: May 5, 2021 Jonathan S. Forester, Esq., Riess LeMieux, for the protester. Matthew R. Keiser, Esq., and Jacob S. Stephens, Esq., Department of the Army, for the agency. Christopher An, Esq., Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's rejection of bid because the protester was not a small business is dismissed as untimely. Although the protester argues the agency was required to treat the solicitation as an unrestricted procurement because it failed to include information required for a small business set-aside--the solicitation also included other information to indicate that it was a set-aside for small business concerns. This discrepancy regarding the set-aside status of the solicitation created a patent ambiguity the protester should have raised before the closing time for receipt of bids. DECISION M.R. Pittman Group, LLC, of New Orleans, Louisiana, protests the award of a contract to J. Star Enterprise, Inc., a small business of New Orleans, Louisiana, under Invitation for Sealed Bids (IFB) No. W912P8-20-B-0063, issued by the Department of the Army, Army Corps of Engineers, New Orleans District, for the inspection, removal, and repair of the pump units for Wilkinson Canal Pump Station in Plaquemines Parish, Louisiana. Pittman, which submitted the lowest-priced bid but did not receive the contract because it is other than small, challenges its non-selection for award on the basis that the IFB was not in fact a set-aside for small business concerns. We dismiss the protest. BACKGROUND On September 14, 2020, the agency published a pre-solicitation notice on the government wide point of entry, beta.SAM.gov, announcing a contract opportunity for repair and maintenance services at the Wilkinson Canal Pump Station. This notice

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