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B-400491.4,B-400491.5 1 (2009-02-25)

handle is hein.gao/gaobadatk0001 and id is 1 raw text is: ,G A O Comptroller General LXn , 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: MayaTech Corporation File: B-400491.4; B-400491.5 Date: February 25, 2009 Jonathan D. Shaffer, Esq., John S. Pachter, Esq., and Mary Pat Gregory, Esq., Smith, Pachter, McWhorter, PLC, for the protester. Rand L. Allen, Esq., and Jon W. Bud, Esq., Wiley Rein, LLP, for JBS International, Inc., an intervenor. Mogy E. Omatete, Esq., Department of Health and Human Services, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that corrective action in response to protest is inadequate is denied; proposed corrective action--issuing new solicitation and assigning new contracting personnel to conduct procurement--is adequate to address concern that e-mail sent by project manager during course of original competition created appearance of impropriety. DECISION MayaTech Corporation, of Silver Spring, Maryland, protests the corrective action taken by the Department of Health and Human Services (HHS) in response to a previous protest MayaTech filed regarding issuance of a task order under request for task order proposals (RFTOP) No. 270-08-0256, for technical assistance services. We deny the protest. The RFTOP was issued on May 23, 2008, and after HHS received and evaluated proposals, MayaTech's proposal was eliminated from the competitive range. On August 22, MayaTech filed a protest with our Office in which it argued, among other things, that the procurement was tainted by impropriety because an agency project officer had asked program management personnel, prior to selection of the successful vendor, to identify specific MayaTech employees (MayaTech was a subcontractor under the prior contract for the requirement) that they would want to work with under the new task order. The agency reviewed the protest and decided to take corrective action, which included issuing a new RFTOP and appointing new

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