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B-422389.2 Aug 21, 2024 1 (2024-08-21)

handle is hein.gao/gaoqut0001 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
been approved for public release.
Matter of:  Maxim Healthcare Staffing Services, Inc.
File:      B-422389.2
Date:      August 21, 2024
Hal J. Perloff, Esq., Steven A. Neeley, Esq., Melissa M. Kirby, Esq., and Eric J. Singley,
Esq., Husch Blackwell LLP, for the protester.
Edward J. Tolchin, Esq., Offit Kurman Attorneys-at-Law, for InGenesis, Inc., the
intervenor.
Diane Foose, Esq., and Joshua K. Adams, Esq., Department of Homeland Security, for
the agency.
Charmaine A. Stevenson, Esq., Maia Stephenson, and John Sorrenti, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency unreasonably found the protester was ineligible for task order award
due to a temporary lapse in its System for Award Management (SAM) registration is
sustained where the solicitation did not include Federal Acquisition Regulation provision
52.204-7 or otherwise notify offerors that they would be ineligible for award if their SAM
registration was not active at the time of proposal submission.
DECISION
Maxim Healthcare Staffing Services, Inc.,' of Columbia, Maryland, protests the issuance
of a task order to InGenesis, Inc., of San Antonio, Texas, under fair opportunity proposal
request (FOPR) No. 70CDCR24ROO000003, issued by the Department of Homeland
Security, United States Immigration and Customs Enforcement (ICE), for on-site
medical staffing services for ICE residents and detainees at the following facilities
located in Texas: El Paso, Houston, Montgomery, Port Isabel, and Taylor. The
protester contends that the exclusion of its proposal from consideration for the task
order due to a temporary lapse in its System for Award Management (SAM) registration
is unreasonable and contrary to the terms of the solicitation.
1 The protester states that effective April 1, 2024, Maxim changed its name to Amergis
Healthcare Staffing, Inc. Protest at 1 n.1.

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