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B-421568.3 Dec 14, 2023 1 (2023-12-14)

handle is hein.gao/gaopqv0001 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


De^cson                                        DOCUMENT   FOR PUBLIC RELEASE
   Deis ion
                                             The decision issued on the date below was subject to
                                             a GAO Protective Order. This redacted version has
Matter of:   MPZA,  LLC                      been approved for public release.

File:        B-421568.3

Date:     December 14, 2023

Edward  J. Tolchin, Esq., and Jacqueline Koromah, Esq. Offit Kurman, for the protester.
James  Y. Boland, Esq, Michael T. Francel, Esq., and Allison M. Siegel, Esq., Venable
LLP, for Eagle Harbor, LLC, the intervenor.
Nathan  E. Mires, Esq., and Robert J. Alley, Esq., Department of Justice, 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 that evaluation was not consistent with the solicitation and that the agency
disparately evaluated offerors' proposed staffing and level of effort are dismissed for
failing to set forth factually and legally sufficient bases of protest, where arguments are
based on protester's misreading of the solicitation and debriefing, respectively.

2. Protest that agency should have rejected awardee's proposal for failing to follow the
solicitation's pricing proposal instructions is denied where record shows the protester's
contentions to be factually inaccurate, and the agency's evaluation of the awardee's
proposal was reasonable and consistent with the solicitation.
DECISION

MPZA,  LLC, a small disadvantaged business of Gaithersburg, Maryland, protests the
award of a contract to Eagle Harbor, LLC, a small disadvantaged business of
Anchorage, Alaska, under request for proposals (RFP) No. 155A00021 R00000101,
issued by the Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms, and
Explosives (ATF) for information technology (IT) support services. The protester
challenges the agency's evaluation of proposals and resulting best-value tradeoff.

We  dismiss the protest in part and deny the protest in part.

BACKGROUND

On  May 27, 2022, using the procedures of Federal Acquisition Regulation (FAR)
part 15, the agency issued the solicitation as a set-aside for small disadvantaged

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