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B-421418,B-421418.2 May 01, 2023 1 (2023-05-01)

handle is hein.gao/gaooqk0001 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

   c    s    ia GAO Protective Order. This redacted version has
                                          been approved for public release.


Matter of:   IDEMIA National Security Solutions, LLC

File:     B-421418; B-421418.2

Date:        May 1, 2023

Kara L. Daniels, Esq., Stuart W. Turner, Esq., Amanda J. Sherwood, Esq., and
Bryan R. Williamson, Esq., Arnold & Porter Kaye Scholer, LLP, for the protester.
Brian G. Walsh, Esq., Tracye Winfrey Howard, Esq., Cara L. Sizemore, Esq.,
Sarah B. Hansen, Esq., and Jennifer Eve Retener, Esq., Wiley Rein LLP, for
Guidehouse  LLP, the intervenor.
Matthew  D. McKenzie, Esq., Department of Homeland Security, for the agency.
Raymond   Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest is sustained where a conceded error with respect to a weakness assessed to
the protester's proposal was competitively prejudicial.

2. Protest challenging the assessment of a significant weakness to the protester's
proposal is sustained where the contemporaneously documented reasoning for the
significant weakness is contrary to the terms of the solicitation and the agency's
post-protest position is inconsistent with the contemporaneous record.

3. Protest arguing that the agency was barred from making negative evaluation findings
based on relevancy concerns under a factor considering offerors' past performance is
denied where the evaluation was conducted reasonably and in accordance with the
terms of the solicitation.

4. Protest is denied where the agency did not apply an unstated evaluation criterion by
finding significant risk associated with the protester's approach based on that firm's
failure to demonstrate a certain capability during its oral presentation.

5. Protest grounds challenging a strength credited to the awardee as unreasonable and
evidence of disparate treatment are denied where the challenges amount to
disagreement with the agency's judgment and fail to demonstrate the agency
disparately evaluated proposals.

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