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B-401182 1 (2009-06-01)

handle is hein.gao/gaobadawi0001 and id is 1 raw text is: li AL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Northern Light Productions File: B-401182 Date: June 1, 2009 William H. Butterfield, Esq., for the protester. Sheryl L. Rakestraw, Esq., Department of the Interior, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that an agency's inclusion of data rights requirements in the solicitation's evaluation scheme precluded an agency determination that the protester's proposal was unacceptable on the basis that it took exception to those requirements is denied where the data rights requirements are a material term of a solicitation and the record shows that the protester's proposal took exception to those requirements. DECISION Northern Light Productions (NLP), of Allston, MA, protests the failure of the Department of the Interior (DOI), National Park Service (NPS) to select its proposal for award under request for proposals (RFP) No. N1143080021, for audiovisual production and services. NLP asserts that, because the agency included the data rights requirements in the RFP's evaluation scheme, NPS could not properly determine that the protester's proposal was unacceptable on the basis that it took exception to those requirements. We deny the protest. The RFP, which contemplated award of up to 10 fixed-price, indefinite- delivery/indefinite-quantity contracts, contained the Federal Acquisition Regulation (FAR) Rights in Data-Special Works clause, which states in part that the Government shall have unlimited rights in all data delivered under this contract. FAR § 52.227-17(b)(1). The evaluation factors, in order of importance, were past performance (worth 40 out of 100 total available points); samples of work (30 points); personnel (20 points); and comprehensive plan (10 points). The description of the comprehensive plan evaluation factor states in full:

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