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B-420156,B-420156.2 Nov 15, 2021 1 (2021-11-15)

handle is hein.gao/gaomkt0001 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 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: SparkSoft Corporation File: B-420156; B-420156.2 Date: November 15, 2021 Devon E. Hewitt, Esq., Protorae Law PLLC, for the protester. Pamela Waldron, Esq., and Lucy G. Mac Gabhann, Esq., Department of Health and Human Services, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the terms of a solicitation as patently ambiguous is dismissed as academic where the solicitation has been amended to remove the ambiguous terms prior to the closing date for quotations. 2. Protest arguing that the agency failed to provide adequate information about the evaluation of protester's quotation at stage one of the competition is dismissed for failure to state a valid basis of protest where the protester elected to participate in the next stage of the procurement after being informed that the firm was not likely to be a viable competitor because its quotation was unacceptable. DECISION Sparksoft Corporation, of Catonsville, Maryland, challenges the terms of the solicitation and the agency's actions in connection with Task Order Request for Proposals (TORP or RFQ)1 No. TORP-CMS-2022-200631, issued by the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), for website quality control. The protester alleges that the solicitation is patently ambiguous and that the agency failed to provide sufficient information about the evaluation of Sparksoft's quotation. The protester also requests that our Office recommend the reimbursement of costs in connection with the filing of its supplemental protest. We dismiss the protest. 1 The solicitation refers to itself as both a TORP and as a request for quotations (RFQ). See, e.g., RFQ, attach. J-2, Instructions to Offerors and Evaluation Criteria at 1 (herein referred to as the RFQ).

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