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B-419956.301 May 11, 2023 1 (2023-05-11)

handle is hein.gao/gaoord0001 and id is 1 raw text is: 



                    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:   Infotrend Inc.

File:        B-419956.301

Date:        May 11, 2023

Lewis P. Rhodes, Esq., and Orest Jowyk, Esq., Reston Law Group, LLP, for the
protester.
Martin A. McEnrue, Esq., Karyne Constance Akhtar, Esq. Krystal A. Jordan, Esq., and
Kevin Misener, Esq., Department of Health and Human Services, for the agency.
Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest is dismissed as untimely because it was filed more than 10 days after the
protester knew or should have known of the grounds for protest. Although the protester
received an email containing a pre-award debriefing that disclosed the basis for the
protest outside of normal business hours, the protester opened the email, and therefore
had notice of its contents.
DECISION

Infotrend Inc., an 8(a)1 small business, of College Park, Maryland, protests the
exclusion of its proposal from the competition conducted by the Department of Health
and Human   Services, National Institutes of Health (NIH), under request for proposals
(RFP) No. 75N98121  R00001, which was  issued for the award of multiple indefinite-
delivery, indefinite-quantity governmentwide acquisition contracts for information
technology (IT) services, known as Chief Information Officer-Solutions and Partners
(CIO-SP4).  The protester argues that the agency improperly failed to advance its
proposal from phase 1 to phase 2 of the competition under the 8(a) small business
category.


1 Section 8(a) of the Small Business Act, 15 U.S.C. § 637(a), authorizes the Small
Business Administration (SBA) to enter into contracts with government agencies and to
arrange for performance through subcontracts with socially and economically
disadvantaged small businesses. Federal Acquisition Regulation (FAR) subpart 19.8.
This program is commonly referred to as the 8(a) program.

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