22nd Century Technologies, Inc. V. B-420139 Dec 09, 2021

About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

table,div,span,font,p{display:none}Please click here if you are not redirected within a few seconds.

B-420139 Dec 09, 2021 1 (2021-12-09)

handle is hein.gao/gaomro0001 and id is 1 raw text is: Ijoo U.S. GOVERNMENT ACCOUNTABILITY QEFICE
G A O A Century of Non-Partisan Fact-Based Work
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
L been approved for public release.
Matter of: 22nd Century Technologies, Inc.
File: B-420139
Date: December 9, 2021
W. Brad English, Esq., Jon D. Levin, Esq., J. Dale Gipson, Esq., Emily J. Chancey,
Esq., and Nicholas P. Greer, Esq., Maynard Cooper & Gale PC, for the protester.
Wade L. Brown, Esq., and Carlin R. Walsh, Esq., Department of the Army, for the
agency.
Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the agency's evaluation of proposals is denied where evaluation
was reasonable and in accordance with the terms of the solicitation.
2. Protest challenging agency's upward adjustment of proposed cost is dismissed
where protester fails to show competitive prejudice.
DECISION
22nd Century Technologies, Inc., a small business of McLean, Virginia, protests the
issuance of a task order to Telesis Corporation, also of McLean, Virginia, under request
for proposals (RFP) No. RS3-18-0081, issued by Department of the Army, Army
Materiel Command, for systems engineering and technical assistance (SETA) support
services for product manager radars. The protester argues the agency unreasonably
evaluated its proposal and the awardee's proposal.
We deny the protest in part, and dismiss it in part.
BACKGROUND
On February 27, 2020, the agency issued the RFP as a small business set-aside to all
contract holders under the Department of the Army's Responsive Strategic Sourcing for
Services multiple award, indefinite-delivery, indefinite-quantity contract in accordance
with Federal Acquisition Regulation (FAR) subpart 16.5. Contracting Officer's
Statement and Memorandum of Law (COS/MOL) at 1-3. The RFP anticipated issuance
of a task order on a fixed-price, cost-plus-fixed-fee, and cost basis with a phase-in