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B-416232 1 (2018-07-12)

handle is hein.gao/gaobaduwn0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States

                                                 DOCUMENT FOR PUBLIC RELEASE
                                             I The decision issued on the date below was subject to
Decision                                       a GAO Protective Order. This redacted version has
                                               been approved for public release.

Matter of:   Exceptional Software Strategies, Inc.

File:        B-416232

Date:        July 12, 2018

James C. Fontana, Esq., Jeffry R. Cook, Esq., William Weisberg, Esq., and L. James
D'Agostino, Esq., Dempsey Fontana, PLLC, for the protester.
Sean M. Costello, Esq., and Stacy M. Chaffin, Esq., National Security Agency, for the
agency.
Noah B. Bleicher, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest of exclusion from competitive range is untimely where: (1) protester learned its
basis of protest more than 10 days prior to filing its protest; and (2) because its request
for a debriefing was filed late, the non-required debriefing did not toll the time for filing a
protest.
DECISION

Exceptional Software Strategies, Inc., (ESS) a small business of Linthicum, Maryland,
protests its exclusion from the competitive range pursuant to request for proposals
(RFP) No. H98230-16-R-0246, which was issued by the National Security Agency
(NSA) for presentation and visualization capabilities. ESS challenges the agency's
determinations regarding the capacity of the firm's proposed sensitive compartmented
information facilities (SCIFs).

We dismiss the protest as untimely filed.

BACKGROUND

The solicitation, issued on June 30, 2017, under the procedures of Federal Acquisition
Regulation (FAR) part 15, contemplated the award of up to six indefinite-delivery,
indefinite-quantity (IDIQ) contracts under which the agency would issue cost-plus-

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