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B-421602.2,B-421602.3 Feb 23, 2024 1 (2024-02-23)

handle is hein.gao/gaopyd0001 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 DecisionDOCUMENT FOR PUBLIC RELEASE Decision an nen The decision issued on the date below was subject to Matter of: Global Patent Solutions, LLC a GAO Protective Order. This redacted version has been approved for public release. File: B-421602.2; B-421602.3 Date: February 23, 2024 John E. Jensen, Esq., Toghrul M. Shukurlu, Esq., and Aleksey R. Dabbs, Esq., Pillsbury Wintrhop Shaw Pittman LLP, for the protester. Joe D. Baker II, Esq., and Robert G. Palmer, Esq., Department of Commerce, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's evaluation of awardee's proposal is sustained where proposal failed to demonstrate compliance with solicitation's mandatory small business participation percentage. DECISION Global Patent Solutions, LLC (GPS), a small business of Chandler, Arizona, challenges the award of indefinite-delivery, indefinite-quantity (IDIQ) contracts to Cardinal Intellectual Property, Inc. (CPI) and CPA Global, Inc. (CPAG), under request for proposals (RFP) No. 1333BJ23R00151001, issued by the Department of Commerce, United States Patent and Trademark Office (PTO or USPTO) for professional services to assist the PTO in reviewing international patent applications. The protester challenges the agency's evaluation of proposals and resulting source selection decision. We sustain the protest. BACKGROUND On October 31, 2022, the agency issued the solicitation directly to four firms identified during market research as being most likely to successfully meet the Agency's needs. Contracting Officer's Statement (COS) at 3; Agency Report (AR), Tab 8, RFP at 1.1 The PTO issued the solicitation under its unique alternative competition method procurement authority, which is authorized by The Patent and Trademark Office Efficiency Act (PTOEA), 35 U.S.C. § 2(b)(4)(A), and implemented through section 6.1.1 1 Our citations use the Adobe PDF pagination of documents in the record.

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