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B-419893.8,B-419893.9 Oct 27, 2021 1 (2021-10-27)

handle is hein.gao/gaomiy0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
G         100        A Century of Non-Partisan Fact-Based Work
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:  DBISP, LLC; Federal Merchants Corp.
File:     B-419893.8; B-412893.9
Date:     October 27, 2021
J. Bradley Reaves, Esq., and Beth V. McMahon, Esq., ReavesColey, PLLC, for the
protesters.
Peter G. Hartman, Esq., and Roger A. Hipp, Esq., Department of Homeland Security,
for the agency.
Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protests that agency was required to allow protesters to elect to participate in the
second phase of a two-phased procurement is denied where protesters' proposals were
eliminated following an initial compliance check, and their proposals submitted for the
first phase of the procurement were not evaluated.
2. Protests that agency could not eliminate protesters' proposals from the competition
for failing to provide International Organization for Standardization certifications with
their initial proposals without referring the matter to the Small Business Administration
for review under its certificate of competency procedure is denied where the certification
requirement is a technical evaluation criterion, and not a responsibility criterion.
DECISION
DBISP, LLC, a small business of Indianapolis, Indiana, and Federal Merchants Corp.,
also a small business of Indianapolis, protest the rejection of the proposals they
submitted in response to request for proposals (RFP) No. 70RTAC21 R00000003,
issued by the Department of Homeland Security (DHS) for information technology
services.1 The protesters assert that the agency failed to follow the terms of the
solicitation when it eliminated the firms from the competition without evaluating their
initial proposals because DBISP and Federal Merchants did not provide either
1 DBISP and Federal Merchants filed separate protests, but both protesters were
represented by the same counsel and raised the same arguments. We therefore
consolidated the protests for the purposes of this decision.

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