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B-290741.2 1 (2002-11-13)

handle is hein.gao/gaocrptaohb0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Network Security Technologies, Inc. File: B-290741.2 Date: November 13, 2002 Robert Kalchthaler and John H. Kitchings, Jr., Esq., for the protester. John M. Linton, VA Security Team, LLC, an intervenor. Phillipa L. Anderson, Esq., and Dennis Foley, Esq., Department of Veterans Affairs, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. GAO finds convincing evidence that protester sought to obtain for purposes of drafting its comments on the agency's report--and did obtain from its attorney, who was admitted to GAO protective order--information to which it was fully aware it was not entitled because the information was covered by protective order; while deciding this case on the merits, GAO provides notice that, in a future case, it may impose the sanction of dismissal to protect the integrity of GAO's bid protest process, where, as here, protester has abused that process. 2. Protest challenging awardee's past performance evaluation is denied where agency properly considered the past performance record of the various member firms of the joint venture proposed to perform the contract. DECISION Network Security Technologies, Inc. (NETSEC) protests the award of a contract to VA Security Team, LLC (VAST) under request for proposals (RFP) No. 101-21-02, issued by the Department of Veterans Affairs (VA) as a 100-percent small business set-aside for a central incident response capability (CIRC) for computer security. NETSEC principally challenges the evaluation of VAST's past performance. We deny the protest.

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