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B-418233.5,B-418233.6 Mar 02, 2021 1 (2021-03-02)

handle is hein.gao/gaobaecqj0001 and id is 1 raw text is: 


                    1O     o    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States

                                             DOCUMENT   FOR PUBLIC RELEASE
Decision                                   The decision issued on the date below was subject to
                                           a GAO Protective Order. This redacted version has
                                           been approved for public release.

Matter of:   Gemini Tech Services, Inc.

File:     B-418233.5; B-418233.6

Date:        March 2, 2021

Matthew  Schoonover, Esq., John Mattox, Esq., Matthew Moriarty, Esq., and Ian
Patterson, Esq., Schoonover & Moriarty, LLC, for the protester.
Jason Blindauer, Esq., and Isaias Alba, Esq., Piliero Mazza PLLC, for the intervenor.
Andrew  J. Smith, Esq., Gregory O'Malley, Esq., and Eugenee Gray, Esq., Department
of the Army, for the agency.
Christine Milne, Esq., Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the
General Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest allegation that the agency unreasonably waived material terms and
conditions of the solicitation is denied where the protester failed to demonstrate that it
suffered any competitive prejudice resulting from the agency's actions.

2. Protest allegation that the awardee's proposal demonstrated intent to violate the
Service Contract Act is denied where the awardee's proposed pricing represented an
unobjectionable below-cost offer.

3. Protest allegation that the agency unreasonably evaluated the firm's technical
proposal is denied where the evaluation was consistent with the terms of the solicitation
and any applicable procurement statutes and regulations.
DECISION

Gemini Tech  Services, Inc., a small business of Willow Park, Texas, protests the award
of a contract to Case Healthcare Solutions, Inc. (CHS), a small business of Reston,
Virginia, under request for proposals (RFP) No. W9124D19R0031, issued by the
Department  of the Army for administrative recruiter support services at 268 United
States Army Recruiting Command   (USAREC)  locations. The protester argues that the
awardee's proposal failed to comply with the terms of the solicitation and that the
agency unreasonably  evaluated the awardee's proposal.

The protest is denied.


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