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B-415798.2 1 (2019-02-14)

handle is hein.gao/gaobadvoc0001 and id is 1 raw text is: GAO 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 a GAO Protective Order. This version has been Decision .approved for public release. Matter of: IBM Corporation File: B-415798.2 Date: February 14, 2019 David W. Burgett, Esq., Nicole D. Picard, Esq., Adilene Rosales, Esq., and Thomas A. Pettit, Esq., Hogan Lovells US LLP, for the protester. Amy Laderberg O'Sullivan, Esq., Olivia L. Lynch, Esq., Elizabeth Buehler, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for Accenture Federal Services, LLC, the intervenor. Angela Varner, Esq., Christopher J. Reames, Esq., and Michael Kiffney, Esq., Department of Homeland Security, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the awardee violated the procurement integrity provisions of the Office of Federal Procurement Policy Act, 41 U.S.C. §§ 2101-07, is dismissed as legally and factually insufficient where the protester's allegations, even if unrebutted, fail to establish a violation of law by the agency. 2. Protest challenging contracting officer's determination that exclusion of the awardee from the competition was not warranted to protect the integrity of the procurement system is denied where the protest effectively constitutes a challenge to the agency's affirmative responsibility determination, and the protester fails to demonstrate that the agency unreasonably failed to consider pertinent information. DECISION IBM Corporation, of Reston, Virginia, protests the issuance of a task order to Accenture Federal Services, LLC, of Arlington, Virginia, by the Department of Homeland Security (DHS), Transportation Security Administration (TSA), under task order request for proposals (TORP) No. HSTS02-17-R-OIA053, issued under DHS's Enterprise Acquisition Gateway for Leading Edge Solutions II indefinite-delivery, indefinite-quantity (IDIQ) contract, to acquire a full range of information technology services to support the TSA Secure Flight system. IBM, the incumbent contractor, previously filed a protest with our Office alleging, among other grounds, that TSA failed to undertake a

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