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B-421213 Jan 19, 2023 1 (2023-01-19)

handle is hein.gao/gaoodu0001 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Cybergenic Systems, LLC File: B-421213 Date: January 19, 2023 Joseph P. Underwood, Esq., for the protester. Shane J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Stephanie L. Ellis, Esq., and Gregory P. Weber, Esq., Koprince McCall Pottroff LLC, for Premier Enterprise Solutions, LLC, the intervenor. Linda Santiago, Esq., and Douglas Kornreich, Esq., Department of Health and Human Services, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's evaluation of the protester's proposal as technically unacceptable is denied where the agency reasonably concluded that the protester's proposal took various exceptions to material terms and conditions of the solicitation. DECISION Cybergenic Systems, LLC, a service-disabled veteran-owned small business (SDVOSB) of Sykesville, Maryland, protests the award of a contract to Premier Enterprise Solutions, LLC, a SDVOSB of Upper Marlboro, Maryland, under request for proposals (RFP) No. 220509, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for enterprise cybersecurity awareness and training program support. Cybergenic challenges the agency's determination that its proposal was unacceptable. We deny the protest. BACKGROUND On June 10, 2022, CMS issued the solicitation as a set-aside for SDVOSBs, seeking enterprise-wide cybersecurity and privacy awareness and training program support for CMS's Information Security and Privacy Group, which is charged with protecting CMS data. Agency Report (AR), Tab 3C, RFP at 1; AR, Tab 3D, Statement of Work (SOW)

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