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B-416916.5,B-416916.7 1 (2020-04-13)

handle is hein.gao/gaobaeaym0001 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 version has been 1approved for public release. Matter of: Peraton Inc. File: B-416916.5; B-416916.7 Date: April 13, 2020 J. Scott Hommer III, Esq., Rebecca E. Pearson, Esq., Emily A. Unnasch, Esq., Christopher Griesedieck, Esq., and Taylor A. Hillman, Esq., Venable LLP, for the protester. Paul F. Khoury, Esq., Brian G. Walsh, Esq., Cara L. Lasley, Esq., Lindy Bathurst, Esq., and Nicholas L. Perry, Esq., Wiley Rein LLP, for ManTech Advanced Systems International, Inc., the intervenor. Tudo N. Pham, Esq., Department of State, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging scope of agency corrective action is denied where agency reasonably limited the scope of discussions to address narrow issues previously identified in outcome prediction alternative dispute resolution. 2. Original awardee qualifies as an intervenor under 4 C.F.R. § 21.0(b)(1) in a pre- award protest challenging the scope of agency corrective action when the original awardee and protester are the only offerors still eligible to compete and the protest alleged that the original awardee should be excluded from the competition. 3. Communications between agency counsel and intervenor's counsel concerning the scope or nature of agency corrective action are not privileged pursuant to the joint defense or common interest doctrine because the agency and intervenor lack a common legal interest in such communications. DECISION Peraton, Inc., of Herndon, Virginia, protests the scope of the agency's corrective action following its prior protest of the issuance of a task order to ManTech Advanced Systems International, Inc., of Herndon, Virginia, under solicitation No. 19AQMM18R0065. The task order was issued through the National Institutes of Health CIO-SP3 governmentwide acquisition contract, for server and software deployment services for

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