SBA No. SIZ-6335
Background
On March 2, 2016, the Defense Information Systems Agency (DISA) issued a Request for Proposals (RFP) No. HC102818D0035, for ENCORE III IT Solutions, an Indefinite-Delivery/Indefinite-Quantity (ID/IQ) Multiple Award Contract (MAC).
In September 2018, the Defense Information Systems Agency (DISA) issued ENCORE III Small Business (ENCORE III SB), an Indefinite-Delivery/Indefinite-Quantity (ID/IQ) Multiple Award Contract (MAC), No. HC102818D0035, set aside entirely for small businesses. The Encore III SB sought contractors to perform information technology (IT) solutions for the development, installation, fielding, training, operation and life-cycle management of components and systems in the operational environments of Combatant Commands and their subordinate components, the military services, Defense agencies, Office of the Secretary of Defense (OSD) and other Federal agencies. (Encore III SB, at 19.)
On January 10, 2024, the Contracting Officer (CO) issued Task Order NDU EITSS, under ENCORE III SB with a Tracking No. 642369727, set-aside for small businesses. The CO assigned North American Industry Classification System (NAICS) code 541519, Other Computer Related Services, with a corresponding $34 million annual receipts size standard. Proposals were due February 9, 2024. (RFP; Protest Exhibit B, at 5-6.) AccelGov and Appellant submitted timely offers …
Discussion
Appellant has failed to show that the Area Office clearly erred in dismissing Appellant’s size protest. The underlying contract here is a long-term contract under the ENCORE III Small Business (ENCORE III SB) multiple award delivery/indefinite quantity (IDIQ) contract vehicle. (Size Determination, at 1). As the Area Office correctly recognized, SBA regulations provide that a concern which is small at the time a long-term contract is awarded remains small for the duration of the contract, including for orders issued under the contract. 13 C.F.R. § 121.404(g). Further, under SBA regulations there are only three instances when a concern’s size under a long-term contract may be protested: (1) within five business days after the long-term contract is initially awarded; (2) within five business days after an option is exercised; and (3) within five business days after the award of an individual order, if the CO requested recertification of size in connection with that order …
Decision
On June 20, 2024, the U.S. Small Business Administration (SBA) Office of Government Contracting — Area II (Area Office) issued Size Determination No. 02-2024-045, dismissing a size protest filed by Team CSI Joint Venture, LLC (Appellant) against AccelGov, LLC (AccelGov). The Area Office determined that the protest was untimely. On appeal, Appellant contends that the Area Office erroneously dismissed the protest, and requests that SBA’s Office of Hearings and Appeals (OHA) remand the matter for a new size determination. For the reasons discussed infra, the appeal is denied.
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