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B-416936 1 (2019-01-11)

handle is hein.gao/gaobadvmc0001 and id is 1 raw text is: GAOU.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: NCS Technologies, Inc. File: B-416936 Date: January 11, 2019 Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., David, Brody & Dondershine, LLP, for the protester. Craig A. Holman, Esq., Dana E. Koffman, Esq., and Michael E. Samuels, Esq., Arnold & Porter Kaye Scholer LLP, for FCN, Inc., the intervenor. Richard L. Hatfield, Esq., Kelly Zeng, Esq., and Holly H. Styles, Esq., Department of the Treasury, for the agency. John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester lacks the requisite legal interest to challenge the agency's award decision where protester would not be next in line for award even if its protest were sustained. DECISION NCS Technologies, Inc. (NCS), of Gainesville, Virginia, protests the issuance of a delivery order to FCN, Inc., of Rockville, Maryland, by the Department of the Treasury, Internal Revenue Service (IRS), under request for quotations (RFQ) No. 5000032988, for personal computers. NCS protests that the agency improperly relaxed mandatory technical requirements in making award to FCN. We dismiss the protest. BACKGROUND Pursuant to a policy issued by the Office of Management and Budget (OMB), the IRS must fulfill a majority of its computer requirements using one of several standardized computer configurations referred to as government-wide strategic solutions (GSS). Agency Report (AR), Tab 2, Contracting Officer Statement (COS), at 2. The OMB policy also requires that the IRS acquire GSS-configured computers through one of three governmentwide acquisition contracts (GWACs): (1) National Aeronautics and Space Administration (NASA) solutions for enterprise-wide procurement (SEWP);

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