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B-415090 1 (2017-11-14)

handle is hein.gao/gaobadubh0001 and id is 1 raw text is: GAO 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: Team J's, LLC File: B-415090 Date: November 14, 2017 Eliot Wagonheim, Esq., and Lacie B. Simpson, Esq., Wagonheim Law, for the protester. Steven J. Koprince, Esq., Candace M. Shields, Esq., Ian P. Patterson, Esq., and Shane J. McCall, Esq., Koprince Law, LLC, for Melgar Janitorial Solutions, the intervenor. Maria G. Bellizzi, Esq., General Services Administration, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is untimely where the protester was excluded from the competition prior to award and the protester neither requested a debriefing within three days of the exclusion nor filed a protest within ten days of the exclusion. DECISION Team J's, LLC (TJL), an 8(a) small business of Dunkirk, Maryland, protests the award of a contract to Melgar Janitorial Solutions, an 8(a) small business of San Jose, California, under request for proposals (RFP) No. GS-1 1 P-1 7-YE-D-0001 issued by the General Services Administration (GSA) for janitorial and cleaning services. The protester contends that the agency erred in finding it nonresponsible because the agency misinterpreted a provision of the solicitation, and further that the Small Business Administration (SBA) denied it a certificate of competency (COC) because of the manner in which the agency presented the issue to SBA. We dismiss the protest because it is untimely. BACKGROUND The agency issued the RFP on December 2, 2016, as an 8(a) set-aside, and contemplated the award of single fixed-price indefinite-delivery, indefinite-quantity contract. RFP at 1, 3. The contract was to be awarded on a lowest-priced technically- acceptable basis, with three technical evaluation factors: (1) corporate experience; (2) past performance; and (3) key personnel. Id. at 122. Of note, the solicitation

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