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B-422841.3 Dec 11, 2024 1 (2024-12-11)

handle is hein.gao/gaorfp0001 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




Decision


Matter of:  Mission Analytics, LLC

File:       B-422841.3

Date:       December  11, 2024

Michael F. Winters, for the protester.
Jonathan S. Baker, Esq., Department of Commerce, for the agency.
Michelle Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest alleging the agency issued a purchase order while an agency-level protest was
pending is dismissed as legally insufficient where there was no agency-level protest
pending at the time of award, and because failing to stay award is a procedural defect
that does not result in competitive prejudice.
DECISION

Mission Analytics, LLC, a small business of Falls Church, Virginia, protests the issuance
of a purchase order to Visbox, Inc., a small business of Saint Joseph, Illinois, under
request for quotations (RFQ) No. 1333ND24QNB770135,  issued by the Department of
Commerce,  National Institute of Standards and Technology (NIST) for a direct view
light-emitting diodes display system. The protester contends that the agency violated
Federal Acquisition Regulation (FAR) section 33.103(f) by issuing the purchase order
while the protester's agency-level protest was pending.

We  dismiss the protest.

BACKGROUND

NIST issued the RFQ as a small business set-aside on May 7, 2024, to procure an
equipment upgrade for NIST's High Performance Computing and Visualization Group.
Req. for Dismissal at 2; Req. for Dismissal, attach. 1, Contracting Officer Decl. T 1. The

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