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B-421436.2 Jul 07, 2023 1 (2023-07-07)

handle is hein.gao/gaoozx0001 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: PredictivelQ LLC File: B-421436.2 Date: July 7, 2023 Kevin T. Barnett, Esq., Annie B. Hudgins, Esq., Eric A. Valle, Esq., and Katherine B. Burrows, Esq., Piliero Mazza PLLC, for the protester. Erika Whelan Retta, Esq., Christian H. Robertson, Department of the Air Force, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's evaluation of proposal is denied where protester has not demonstrated any possibility of competitive prejudice. DECISION PredictivelQ LLC, a small business of Boston, Massachusetts, protests the decision by the Department of the Air Force not to award it a contract for its proposal submitted in response to small business innovation research (SBIR) commercial solutions opening (CSO) direct to phase II, solicitation No. AFX234, Topic DCSO1, Orbital Prime.1 The protester complains that the agency unreasonably evaluated its proposal. We deny the protest. 1 The use of a CSO as a form of general solicitation was permanently authorized under section 803 of the fiscal year (FY) 2022 National Defense Authorization Act (NDAA). NDAA for FY 2022, Pub. L. No. 117-81, § 803, 135 Stat. 1541, 1814-1816 (2021). Under a CSO, the agency competitively selects proposals received in response to the general solicitation based on a review of proposals by scientific, technological, or other subject-matter expert peers. Proposals are not evaluated against each other since they are not submitted in response to a common performance work statement or statement of work. Id. Rather, each proposal is evaluated against the criteria specified in the solicitation, with primary focus being given to the following factors: (1) technical; (2) importance to agency programs; and (3) fund availability. Id.

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