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

B-400777 1 (2009-01-26)

handle is hein.gao/gaobadasz0001 and id is 1 raw text is: 




         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 redacted version has been
                                                     approved for public release.

          Decision

          Matter of:  OPTIMUS   Corporation

          File:       B-400777

          Date:       January 26, 2009

          John E. Jensen, Esq., Daniel S. Herzfeld, Esq., and Evan D. Wesser, Esq., Pillsbury
          Winthrop Shaw Pittman LLP, for the protester.
          Melissa McWilliams, Esq., General Services Administration, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest asserting that General Services Administration (GSA) contracting officials
          improperly rescored quotations after technical evaluation was performed by
          requiring activity (Indian Health Service) evaluators is denied where record shows
          that GSA officials were adjusting numeric scores to more accurately reflect
          evaluation criteria and source selection plan evaluation standards, and made
          adjustments only after reviewing quotations and initial evaluation results.

          2. Protest that agency misevaluated quotations is denied where record shows that
          evaluation was reasonable and consistent with terms of solicitation and standards
          generally applicable to negotiated procurements.

          3. Agency's request for vendor price reductions in Federal Supply Schedule
          acquisition conducted under Federal Acquisition Regulation (FAR) part 8.4 did not
          constitute discussions, and therefore did not trigger agency obligation to engage in
          meaningful discussions, as would be required in a negotiated acquisition conducted
          pursuant to FAR part 15; FAR part 8.4 expressly requires agencies to seek price
          reductions in specified circumstances.
          DECISION

          OPTIMUS  Corporation, of McLean, Virginia, protests the issuance of a Federal
          Supply Schedule (FSS) task order to CNI Information Technology, LLC, of Norman
          Oklahoma, under request for quotations (RFQ) No. FY758001T6, issued by the
          General Services Administration (GSA) to obtain information technology (IT)
          enterprise infrastructure support services, including systems administration, web
          services and help desk services, on behalf of the Indian Health Service (IHS).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most