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B-419946.2 Mar 25, 2022 1 (2022-03-25)

handle is hein.gao/gaomxw0001 and id is 1 raw text is: GAO 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 been approved for public release. Matter of: EH Group, Inc. File: B-419946.2 Date: March 25, 2022 John J. Brooks III, Esq., John Brooks Law, LLC, for the protester. Isabelle P. Cutting, Esq., and Colonel Frank Yoon, Department of the Air Force, 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 challenging an agency's consideration of importance to agency programs and fund availability as unstated evaluation criteria is denied where the procurement was conducted as a commercial solutions opening and the relevant authority requires consideration of those factors. 2. Protest challenging the agency's decision not to transfer to another agency the protester's non-funded phase I proposal submitted in response to a small business innovation research solicitation is denied where the protester fails to show that the agency acted in bad faith or violated any law or regulation. 3. Protest challenging the agency's evaluation of the protester's proposal under one of three primary evaluation factors is denied where there is no possibility of competitive prejudice to the protester. DECISION EH Group, Inc., a small business of Eclectic, Alabama, protests the decision by the Department of the Air Force to not fund its proposal under small business innovation research (SBIR) commercial solutions opening No. X20.3, Topic No. AF203-CSO2, Space Force pitch day. The protester challenges the agency's evaluation of its proposal, and raises other challenges to the agency's handling of the procurement. We deny the protest.

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