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B-416669.7 1 (2019-11-14)

handle is hein.gao/gaobaeahl0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                               Comptroller General
Washington, DC 20548                                          of the United States




Decision


Matter of: 22nd Century Technologies, Inc.--Reconsideration

File:       B-416669.7

Date:       November 14, 2019

Daniel J. Strouse, Esq., David S. Cohen, Esq., and John J. O'Brien, Esq., Cordatis LLP,
for the requester.
Stephen Hernandez, Esq., and Harry M. Parent, Esq., Department of the Army, for the
agency.
Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the
preparation of the decision.
DIGEST

Request for reconsideration of dismissal of one ground of protest is denied where
requester has not shown any error of fact or law warranting reversal or modification of
the decision.
DECISION

22nd Century Technologies, Inc., of McLean, Virginia, asks that we reconsider our
decision in 22nd Century Techs., Inc., B-416669.5, B-416669.6, August 5, 2019, 2019
CPD T 285, in which we denied 22nd Century's protest of the issuance of a task order
to Lin Tech Global, Inc., of Farmington Hills, Michigan, under request for task order
proposals (TOPR) No. W91 QF4-R-0005, issued by the Department of the Army for
information technology (IT) and support services. The requester alleges an error of law
with regard to a single issue that was dismissed in our decision, concerning the
agency's evaluation of past performance.

We deny the request.

BACKGROUND

The TOPR, issued on May 18, 2018, contemplated the issuance of a task order to be
made on a best-value tradeoff basis considering the following evaluation factors:
technical response, management and staffing plan, past performance, organizational
conflict of interest (OCI) mitigation plan, and price. TOPR at 27. The TOPR advised
that the technical response and management and staffing factors were of equal