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B-419956.28,B-419956.29 Jul 08, 2022 1 (2022-07-08)

handle is hein.gao/gaonjb0001 and id is 1 raw text is: 



               G    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
Decision                                       a GAO Protective Order. This redacted version has
              v   v                            been approved for public release.

Matter of:   Precise Federal Consulting, LLC

File:     B-419956.28; B-419956.29

Date:        July 8, 2022

Jonathan T. Williams, Esq., Katherine B. Burrows, Esq., and Eric A. Valle, Esq., Piliero
Mazza  PLLC, for the protester.
Karyne Akhtar, Esq., and Krystal A. Jordan, Esq., Department of Health and Human
Services, for the agency.
Jonathan  L. Kang, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging the terms of a solicitation as unduly restrictive of competition and
latently ambiguous is dismissed because it was filed after the time for receipt of initial
proposals. Although the agency issued guidance after the initial closing date
concerning the interpretation of the solicitation, which effectively changed the terms of
the solicitation, subsequent guidance issued by the agency reversed the change.
Because  the change and reversal took place without an opportunity to submit revised
proposals, it did not give rise to a new timely protest argument.

2. Protest arguing that the agency interprets a solicitation amendment to improperly
permit offerors to revise proposals in a manner inconsistent with the terms of the
amendment   is denied where the agency states it will not permit such revisions.
DECISION

Precise Federal Consulting LLC, an 8(a) small business mentor-protege joint venture1
of Greenbelt, Maryland, challenges the terms of request for proposals (RFP)

1 Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a), authorizes the Small
Business Administration to enter into contracts with government agencies and to
arrange for performance through subcontracts with socially and economically
disadvantaged  small business concerns. This program is commonly referred to as the
8(a) Business Development  program (or simply 8(a) program). A mentor-protege joint
venture is an arrangement between a small business protege firm and a mentor firm

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