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B-294328 1 (2004-10-19)

handle is hein.gao/gaobacyvs0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
 .. . .Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office    DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to a
                                                    GAO Protective Order. This version has been approved
                                                    for public release.

         Decision

         Matter  of:  The OMO  Group, Inc.

         File:        B-294328

         Date:        October 19, 2004

         Garreth E. Shaw, Esq., The Shaw Law Firm, for the protester.
         Susan L. Schor, Esq., McManus, Schor, Asmar & Darden, for RehabPlus Group, Inc.,
         an intervenor.
         Clarence D. Long III, Esq., Department of the Air Force, for the agency.
         Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Where solicitation required the submission of an average vacancy fill rate in
         order to evaluate a firm's ability to address personnel turnover in a timely manner,
         the agency reasonably calculated the awardee's rate using reported vacancies for
         positions that were identified as vacant for zero calendar days based on its
         conclusion that a vacancy of zero days represented situations where a position was
         immediately filled, thus demonstrating good planning and management by the
         awardee.

         2. Contracting agency reasonably concluded that awardee's program manager had
         the solicitation's desired experience, despite the fact that the awardee's proposal
         indicated that its program manager only partially met the desired experience
         criterion, where the record shows that the evaluators were familiar with the nature
         of the positions held by the proposed program manager; the program manager's
         experience was well known within the Department of Defense; two other offerors
         proposed the same program manager as having the desired experience; and the
         program  manager's declaration supported the agency's conclusions about his
         experience.

         3. Challenge to awardee's past performance rating of confidence is denied where
         the record shows that the rating was reasonable despite a single negative past

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