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B-417478.5 1 (2020-04-28)

handle is hein.gao/gaobaebaj0001 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-417478.5

Date:       April 28, 2020

Daniel J. Strouse, Esq., David Cohen, Esq., and John J. O'Brien, Esq.,Cordatis LLP, for
the protester.
Tudo N. Pham, Esq., Department of State, for the agency.
Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Request for reconsideration is denied where our decision did not contain any factual
error because our Office properly reviewed whether the evaluation record was
consistent with the solicitation's terms and conditions.

2. Request for reconsideration is denied because the request does not demonstrate
that our decision contained any legal error.
DECISION

22nd Century Technologies, Inc., of McLean, Virginia, requests that we reconsider our
February 24, 2020, decision denying its protest alleging that the Department of State
(DOS) unreasonably issued a task order to KCI-Acuity, LLC, of Leesburg, Virginia,
under request for quotations (RFQ) No. 19AQMM19Q0098, for information technology
(IT) support services. 22nd Century Technologies argues that our decision contained
factual and legal errors with regard to our analysis of the past performance evaluation.

We deny the request for reconsideration.

On July 26, 2019, the DOS issued the solicitation to procure IT support services for the
agency's Bureau of Information Resource Management. RFQ, Performance Work
Statement (PWS), at 5-6, 9. The competition was limited to firms that were awarded
Streamlined Technology Acquisition Resources for Services (STARS) II contracts,
which are multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts
awarded by the General Services Administration to participants in the Small Business
Administration (SBA) 8(a) program to provide information technology services and