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B-400058,B-400058.3 1 (2008-07-18)

handle is hein.gao/gaobadaxv0001 and id is 1 raw text is: 




                                                                     Comptroller General
      Acorsm    ni  *tr ~ia                                          of the United States
United States Government Accountability Office
Washington, DC20548                                  DOCUMENT   FOR PUBLIC  RELEASE
                                                    The decision issued on the date below was subject to a
                                                    GAO Protective Order. This redacted version has been

         D  ec*ionapproved for public release.


         Matter of:  Public Communications  Services, Inc.

         File:       B-400058; B-400058.3

         Date:       July 18, 2008

         James J. Regan, Esq., Daniel R. Forman, Esq., John E. McCarthy, Jr., Esq., Puja
         Satiani, Esq., Crowell & Moring LLP, for the protester.
         Peter F. Garvin, III, Esq., Nancy L. Berardinelli-Krantz, Esq., Jones Day, for
         Value-Added Communications, Inc., an intervenor.
         Michael J. Davidson, Esq., Bureau of Immigration and Customs Enforcement,
         Department of Homeland Security, for the agency.
         Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         1. Government Accountability Office has jurisdiction to hear protest of the
         award of a no-cost contract for provision of phone services to detainees in the
         custody of the Bureau of Immigration and Customs Enforcement because the
         contract concerns a procurement for services by a federal agency and results in a
         benefit to the government.

         2. Protest challenging the evaluation of offerors' prices is sustained where the
         solicitation required offerors to propose eight international calling rates, but the
         agency evaluated only one rate as a surrogate for the others without a reasonable
         basis to do so.

         3. Protest challenging the evaluation of protester's technical proposal is sustained
         where the agency's identification of technical deficiencies was not reasonable
         because certain features viewed as missing from protester's proposal were not
         required by the solicitation, and because the record shows that the offerors were not
         evaluated equally.

         4. Protest alleging that awardee made material misrepresentations concerning its
         proposal and in connection with a Small Business Administration size status protest
         is denied where the record does not show that misrepresentations were made.

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