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B-421610.2 May 31, 2023 1 (2023-05-31)

handle is hein.gao/gaootg0001 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 version has been
                                           approved for public release.


Matter of:   Karthik Consulting, LLC

File:        B-421610.2

Date:        May 31, 2023

Nicole Pottroff, Esq., Shane M. McCall, Esq., Stephanie L. Ellis, Esq., John L. Holtz,
Esq., and Gregory P. Weber, Esq., Koprince, McCall & Pottroff, LLC, for the protester.
C. Peter Dungan, Esq., Adam Bartolanzo, Esq., and Lauren S. Fleming, Esq., Miles
& Stockbridge P.C., for Zen Strategics, LLC, the intervenor.
Beth Sturgess, Esq., and Richard W. Postma, Esq., Department of Homeland Security,
for the agency.
Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Post-award protest challenging the protester's exclusion from the competition because it
was not currently an 8(a) small business is dismissed where the solicitation was
patently ambiguous with respect to whether it was set aside for 8(a) small businesses.
DECISION

Karthik Consulting, LLC, a small business of Falls Church, Virginia, protests the
issuance of a task order to Zen Strategics, LLC, an 8(a)1 small business of Vienna,
Virginia, under request for quotations (RFQ) 71 SBUR23Q00000018 pursuant to the
General Services Administration (GSA) highly adaptive cybersecurity services multiple
award schedule (HACS  MAS)  issued by the Department of Homeland Security, United
States Citizenship and Immigration Services for cybersecurity services. The protester
contends that the agency erred in excluding it from the competition because the RFQ
did not require vendors to be active 8(a) program participants at the time of quotation
submission.


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 business concerns. Federal Acquisition Regulation (FAR) 19.800.
This program is commonly referred to as the 8(a) program.

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