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B-412017,B-412017.2,B-412017.3 1 (2015-12-07)

handle is hein.gao/gaobadrta0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
United States Government Accountability Office  DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to
                                                    a GAO Protective Order. This redacted version has
                                                    been approved for public release.
         D e c i s i o n                           - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Akira Technologies, Inc.; Team ASSIST

         File:        B-412017; B-412017.2; B-412017.3

         Date:        December 7, 2015

         Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., Steven J. Koprince, Esq.,
         Koprince Law LLC, for Team ASSIST; and Christopher Shiplett, Esq., Danielle Hart,
         Esq., and Nishat Azam, Esq., Randolph Law PLLC; and Kevin P. Mullen, Esq.,
         Jenner & Block LLP, for Akira Technologies, Inc., the protesters.
         Lawrence S. Sher, Esq., Elizabeth Leavy, Esq., and Lawrence P. Block, Esq., Reed
         Smith LLP, for HumanTouch, LLC, an intervenor.
         Brian C. Caney, Esq., and Jonathan A. Baker, Esq., Department of Health and
         Human Services, Food and Drug Administration, for the agency.
         Lois Hanshaw, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the elimination of the protester's quotation based on its
         failure to address a material requirement is denied where the protester failed to
         include information required for award.

         2. Protester's challenge of the agency's evaluation of assumptions included in the
         awardee's technical quotation is denied where the protester has not demonstrated
         that the awardee's assumptions took exception to the solicitation's material
         requirements, and the agency reasonably concluded that the awardee had agreed
         to comply with requirements of the solicitation.
         DECISION

         Team ASSIST, of McLean, Virginia, and Akira Technologies, Inc. (Akira), of
         Washington, D.C., protest the establishment of a blanket purchase agreement
         (BPA) with HumanTouch, LLC, of McLean, Virginia, by the Department of Health
         and Human Services, Food and Drug Administration (FDA) under request for
         quotations (RFQ) No. FDA-SOL-15-IT Helpdesk, for information technology (IT)

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