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B-420576.3 Jun 30, 2022 1 (2022-06-30)

handle is hein.gao/gaonhh0001 and id is 1 raw text is: 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 version has been
approved for public release.
Matter of: Quality Technology, Inc.
File:      B-420576.3
Date:     June 30, 2022
Donald J. Walsh, Esq., RKW Law Group, for the protester.
David B. Dixon, Esq., Robert C. Starling, Esq., and Toghrul M. Shukurlu, Esq., Pillsbury
Winthrop Shaw Pittman LLP, for Sparksoft Corportation, the intervenor.
William Shim, Esq., and Ethan Chae, Esq., Department of Health and Human Services,
for the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest allegations challenging agency's price evaluation are dismissed where
certain arguments are untimely challenges to the terms of the solicitation and the
remaining allegations fail to set forth a legally sufficient basis of protest.
2. Protest arguing that a prior protest filed with our Office by another offeror constituted
discussions with the agency, and the agency was therefore required to conduct
discussions with all offerors as part of the agency's reevaluation of proposals, is
dismissed as failing to set forth a legally sufficient basis of protest.
DECISION
Quality Technology, Inc. (QuTech), a small business of Lanham, Maryland, protests the
issuance of a task order to Sparksoft Corporation, a small business of Columbia,
Maryland, under task order request for proposals (RFP) No. 75FCMC21 R0042. The
Department of Health and Human Services, Centers for Medicare and Medicaid
Services (CMS) issued the solicitation for information technology (IT) services. The
protester challenges the agency's price evaluation, and contends that the agency
engaged in unequal discussions.

We dismiss the protest.

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