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B-419244 1 (2020-11-02)

handle is hein.gao/gaobaebxr0001 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 i / 7been approved for public release. Matter of: AVER, LLC File: B-419244 Date: November 2, 2020 Tenley A. Carp, Esq., Micah Kanters, Esq., and Georgina Shepard, Esq., Arnall Golden Gregory LLP, for the protester. Stephanie D. Wilson, Esq., and Terrence M. O'Connor, Esq., Berenzweig Leonard LLP, for IntePros Federal, Inc., the intervenor. Christopher Radcliffe, Esq., Department of Justice, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the awardee materially misrepresented the availability of an individual proposed for a key personnel position is dismissed where the argument relies on the existence and enforceability of a non-compete agreement, which is a private dispute that GAO does not review. DECISION AVER, LLC, a small business, of Washington, DC, challenges the issuance of a task order to IntePros Federal, Inc., also of Washington, DC, by the Department of Justice (DOJ), Justice Management Division, under request for proposals (RFP) No. 15JPSS20R0000048, which was issued for support of the agency's Executive Office for Immigration Review (EOIR). The protester argues that the awardee's proposal contained a material misrepresentation concerning the availability of an individual proposed for a key personnel position. We dismiss the protest. BACKGROUND DOJ issued the solicitation on June 10, 2020, seeking proposals to provide information technology, enterprise architecture, and program management office services for EOIR.

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