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B-416916.12,B-416916.13 May 28, 2021 1 (2021-05-28)

handle is hein.gao/gaoltl0001 and id is 1 raw text is: 1Oo 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 The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been approved for public release. Matter of: Peraton Inc. File: B-416916.12; B-416916.13 Date: May 28, 2021 J. Scott Hommer, III, Esq., Rebecca E. Pearson, Esq., Christopher G. Griesedieck, Esq., Taylor A. Hillman, Esq., and Lindsay M. Reed, Esq., Venable, LLP, for the protester. Paul F. Khoury, Esq., Brian G. Walsh, Esq., Cara L. Lasley, Esq., Lindy C. 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 alleging awardee's proposal contained bait and switch material misrepresentation is dismissed where the protester concedes that the awardee's proposed key personnel are currently employed by the awardee, and failed to allege facts establishing that the awardee lacked a reasonable basis to expect to furnish those key personnel. 2. Protest alleging a task order exceeds the scope of the underlying contract is dismissed as untimely when the terms of the solicitation established that any task order issued would have exceeded the scope of the underlying contract, and the protester did not challenge this solicitation defect before the next time for closing time for receipt of submissions. DECISION Peraton, Inc., of Herndon, Virginia, challenges 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 the Department of State's Office of Consular Systems and Technology. Peraton argues ManTech's proposal contained material misrepresentations, and the task order cannot be issued to any competitor because it exceeds the scope of the underlying contract.

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