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B-420944.2,B-420944.3 Dec 27, 2022 1 (2022-12-27)

handle is hein.gao/gaoodw0001 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
D V  V                      been approved for public release.
Matter of: Sparksoft Corporation
File:     B-420944.2; B-420944.3
Date:     December 27, 2022
David B. Dixon, Esq., Toghrul Shukurlu, Esq., and Robert Starling, Esq., Pillsbury
Winthrop Shaw Pittman LLP, for the protester.
John R. Prairie, Esq., J. Ryan Frazee, Esq., Cara L. Lasley, Esq., and Lisa M. Rechden,
Esq., Wiley Rein LLP, for RELI Group, Inc., the intervenor.
Ethan S. Chae, Esq., William Shim, Esq., David Lank, Esq., and Douglas Kornreich,
Esq., Department of Health and Human Services, for the agency.
Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest challenging the evaluation of the protester's oral presentation is denied were
the agency considered an evaluation criterion that, although not specifically identified in
the solicitation, was reasonably related to the stated criteria. Protest challenging the
evaluation of the awardee's oral presentation is sustained where the agency relied on
unsupported assumptions regarding the awardee's proposed technical approach.
2. Protest challenging the evaluation of the awardee's corporate experience is
sustained where the evaluation relied on unsupported assumptions regarding the
awardee's ability to overcome a lack of relevant experience.
3. Protest challenging the award decision is sustained where the award decision was
based in part on conclusions regarding differences between the protester's and
awardee's proposals under the corporate experience factor that were not consistent
with the solicitation's award criteria and that relied on unsupported assumptions.
DECISION
Sparksoft Corporation, a small business, of Columbia, Maryland, protests the issuance
of a task order to RELI Group, Inc., a small business, of Catonsville, Maryland, by the
Department of Health and Human Services, Centers for Medicare and Medicaid
Services (CMS). The agency issued the task order under task order request for
proposal (TORP) No. RFP-CMS-220988, for the performance of the agency's

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