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B-421139.2,B-421139.3 Jun 30, 2023 1 (2023-06-30)

handle is hein.gao/gaopaq0001 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. The entire decision has
                                           been approved for public release.


Matter of:   Sky Solutions, LLC

File:     B-421139.2; B-421139.3

Date:        June 30, 2023

Robert Starling, Esq., Toghrul Shukurlu, Esq., and David B. Dixon, Esq., Pillsbury
Winthrop Shaw  Pittman LLP, for the protester.
Stephanie D. Wilson, Esq., and Rachael C. Haley, Esq., Berenzweig Leonard, LLP, for
iTech AG, LLC, the intervenor.
David A. Lank, Esq., and Kevin Misener, Esq., Department of Health and Human
Services, for the agency.
Hannah  G. Barnes, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest arguing the agency conducted unequal discussions is denied where the
agency engaged  in exchanges with the awardee to allow the awardee to modify
proposed  labor categories in its quotation pursuant to a solicitation provision broadly
permitting the agency to conduct exchanges with the best-suited vendor to address any
remaining issues.

2. Protest challenging the agency's post-corrective action evaluation as unreasonable
for not reconciling the results of that evaluation with the results of an earlier evaluation
is denied where there is generally no requirement that an agency reconcile a later
evaluation with an earlier one and where the record demonstrates that this aspect of the
reevaluation was reasonable and consistent with the terms of the solicitation.
DECISION

Sky Solutions LLC of Chantilly, Virginia, protests the establishment of a blanket
purchase agreement  (BPA) with iTech AG, LLC, of Arlington, Virginia, by the
Department  of Health and Human Services, Centers for Medicare and Medicaid
Services (CMS), under request for quotations (RFQ) No. 75FCMC21 Q0014  for
information technology (IT) services. Sky protests various aspects of the agency's
evaluation and source selection decision.


We  deny the protest.

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