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B-421105.2 Apr 27, 2023 1 (2023-04-27)

handle is hein.gao/gaoooe0001 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

                                              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:   Skyward  IT Solutions, LLC

File:        B-421105.2

Date:     April   27, 2023

David B. Dixon, Esq., Robert C. Starling, Esq., Toghrul M. Shukurlu, Esq., and Aleksey
R. Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester.
Pamela  R. Waldron, Esq., and Kevin Misener, Esq., Department of Health and Human
Services, for the agency.
Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest that the awardee had an unfair competitive advantage and a disqualifying
organizational conflict of interest based on a consulting agreement with a former
government  official is denied where the record does not support the allegation.

2. Protest challenging the agency's failure to evaluate the awardee's professional
compensation  plan for realism in accordance with Federal Acquisition Regulation (FAR)
provision 52.222-46 is denied where the protester cannot show competitive prejudice
from the agency's improper omission of FAR provision 52.222-46 from the solicitation,
where the solicitation did not otherwise require firms to submit compensation plans, and
where  no firms submitted compensation plan information.

3. Protest arguing that the agency should have performed a price realism analysis is
denied when  the agency was not required, nor permitted, to perform a price realism
evaluation where the solicitation did not provide for that assessment.

4. Protest challenging exchanges conducted solely with the awardee as unreasonable
is denied where the exchanges were conducted  in accordance with the terms of the
solicitation.
DECISION

Skyward  IT Solutions, LLC (Skyward), a small business located in Gaithersburg,
Maryland, protests the issuance of a task order to eSimplicity, Inc., a small business
located in Silver Spring, Maryland, under request for quotations (RFQ)

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