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B-418571.6 1 (2020-07-24)

handle is hein.gao/gaobaebls0001 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
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Zeneth Technology Partners

File:        B-418571.6

Date:        July 24, 2020

Lawrence J. Sklute, Esq., and Lana Meller, Esq., Sklute & Associates, for the protester.
Megan R. Nathan, Esq., Department of Education, for the agency.
Robert T. Wu, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Request for recommendation that protester be reimbursed costs of filing and pursuing
protest challenging the establishment of blanket purchase agreements with various
vendors is denied where the protester has not shown the initial protest was clearly
meritorious or that the agency unduly delayed taking corrective action in response to the
supplemental protest.
DECISION

Zeneth Technology Partners, of Vienna, Virginia, requests that our Office recommend
that the Department of Education reimburse attorneys' fees and costs that the firm
incurred in filing and pursuing a protest under request for quotations (RFQ) No. 910031-
19-R-0012, issued by the Department of Education for the provision of cybersecurity
and privacy support services, after the agency took voluntary corrective action in
response to the protest. Zeneth argues that the agency did not take timely corrective
action in the face of a clearly meritorious protest.

We deny the request.

BACKGROUND

On March 15, 2020, Zeneth protested the agency's decision to not establish a blanket
purchase agreement (BPA) with the firm. Protest (B-418571). Zeneth challenged
various aspects of the agency's evaluation and award decision, to which the agency
responded in an agency report dated April 15, 2020. Memorandum of Law (MOL)
(B-418571) at 6-12. On April 27, the protester submitted comments and a supplemental
protest, where the firm argued, among other things, that the agency improperly rejected

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