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B-420178.3,B-420178.4 Jul 25, 2022 1 (2022-07-25)

handle is hein.gao/gaonom0001 and id is 1 raw text is: G  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
v   v                      been approved for public release.
Matter of:  Lumen Technologies Government Solutions, Inc.
File:     B-420178.3; B-420178.4
Date:     July 25, 2022
Shelly L. Ewald, Esq., Richard G. Mann, Jr., Esq., Sarah Bloom, Esq., and Andrew L.
Balland, Esq., Watt Tieder Hoffar & Fitzgerald, LLP, for the protester.
Jonathan M. Baker, Esq., James G. Peyster, Esq., and Tyler S. Brown, Esq. Crowell
& Moring LLP, for AT&T Corporation, the intervenor.
Marcela A. Liddick, Esq., and Carlos S. Pedraza, Esq., Department of Justice, for the
agency.
Jonathan L. Kang, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Challenge to the conduct of discussions is denied where the agency did not mislead
the protester by advising it of a limited number of prices the agency found unreasonably
high.
2. Protest that the agency failed to identify and consider additional information
concerning the awardee's past performance is denied where the performance was for
contracts awarded by different agencies and where the protester does not establish that
the agency was obligated to consider this information.
3. Challenge to the award decision is denied where the agency reasonably explained
the basis for selecting a lower-priced, lower technically rated proposal for award.
DECISION
Lumen Technologies Government Solutions, Inc., of Monroe, Louisiana, challenges the
issuance of a task order to AT&T Corporation, of Oakton, Virginia, by the Department of
Justice, Federal Bureau of Investigation (FBI), under request for proposals (RFP)
No. 15F06720R0000174, which was issued for network, data and voice services. The
protester argues that the agency misled it during discussions; the agency failed to
identify and consider additional information concerning the awardee's past performance;
and the award decision did not adequately justify the selection of the awardee's lower-
priced, lower technically rated proposal.

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