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B-421551,B-421551.2 Jun 26, 2023 1 (2023-06-26)

handle is hein.gao/gaoowp0001 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 version has been
                                           approved for public release.


Matter of:  Millennium Corporation

File:     B-421551; B-421551.2

Date:       June 26, 2023

Milton C. Johns, Esq., Executive Law Partners, PLLC, for the protester.
Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., John M. Mattox II, Esq., Ian
P. Patterson, Esq., and Timothy J. Laughlin, Esq., Schoonover & Moriarty LLC, for QED
Systems, LLC, the intervenor.
Debra Talley, Esq., and David A. Machado, Esq., Department of the Army, for the
agency.
Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest that the agency failed to meaningfully consider cost/price before excluding the
protester's proposal from the competition is denied where any error was not prejudicial.
DECISION

Millennium Corporation, a small business of Arlington, Virginia, protests the issuance of
a task order to QED Systems, LLC, a small business of Aberdeen Proving Ground,
Maryland, under fair opportunity request for proposal (RFP) No. RS3-21-0031, which
was issued by the Department of the Army, Army Contracting Command for systems
engineering and technical assistance support services. The protester challenges the
agency's evaluation of its proposal, tradeoff analysis, and conduct of discussions.

We  deny the protest.

BACKGROUND

The agency  issued the RFP on December 17, 2021, pursuant to the procedures in
Federal Acquisition Regulation (FAR) subpart 16.5, to small businesses holding
Responsive Strategic Sourcing for Services multiple-award indefinite-delivery,
indefinite-quantity (IDIQ) contracts issued by the Department of the Army. Contracting
Officer's Statement and Memorandum  of Law (COS/MOL)  at 1-2; Agency Report (AR),

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