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B-420032.2,B-420032.3,B-420032.4,B-420032.5 Feb 24, 2022 1 (2022-02-24)

handle is hein.gao/gaomvq0001 and id is 1 raw text is: GxA       O      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
L been approved for public release.
Matter of:  LightBox Parent, LP
File:      B-420032.2; B-420032.3; B-420032.4; B-420032.5
Date:      February 24, 2022
Edward Arnold, Esq., and Bret Marfut, Esq., Seyfarth Shaw LLP, for the protester.
William O'Reilly, Esq., and Anuj Vohra, Esq., Crowell & Moring LLP, for CostQuest
Associates, Inc., the intervenor.
Derek A. Yeo, Esq., Jessica A. Easton, Esq., and Chin Yoo, Esq., Federal
Communications Commission, 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 that agency failed to consider that data rights offered by the awardee
were inconsistent with data rights information contained in the protester's proposal, as
well as other information in the awardee's proposal, is denied because the record did
not reflect any inconsistencies.
2. Protest alleging that awardee cannot license certain data to the agency because the
data is licensed from a third party, and the third party does not itself have the necessary
rights to allow the awardee to license the data to the agency is dismissed. These
arguments pertain to a dispute between private parties in which the government is not
involved. In addition, the ancillary question of whether, as a result of these agreements,
the awardee will ultimately be able to furnish the agency with appropriate data rights is a
question of contract administration not for our forum.
3. Protest alleging that awardee materially misrepresented terms of license agreements
it held with a third party is denied, in part, where the record does not establish that
statements in the awardee's proposal were false, and dismissed, in part, to the extent
resolving the alleged misrepresentation would require our Office to resolve facially
legitimate disputes about differing interpretations of agreements between private parties
that our Office does not review.

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