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

B-402026 1 (2009-12-02)

handle is hein.gao/gaobadbbq0001 and id is 1 raw text is: 




         G    A     0                                               Comptroller General
KWn ,  Accountability * Integrity * Reliability                      of the United States
United States Government Accountability Office
Washington, DC 20548


             D   ..
          Decision


          Matter of:  Divakar Technologies, Inc.

          File:       B-402026

          Date:       December  2, 2009

          Raj Divakar for the protester.
          Yavuz Arik for SKY, LLC, an intervenor.
          Michael I. Goulding, Esq., Department of Health and Human Services, for the agency.
          Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly evaluated successful vendor under experience/past
          performance factor is denied where the agency reasonably considered the
          experience and past performance of the awardee's key personnel even though they
          had been employed by other firms at the time, and where the evaluation was
          otherwise reasonable and consistent with evaluation criteria in solicitation.
          DECISION

          Divakar Technologies, Inc., of Bethesda, Maryland, a small business, protests the
          award of a contract to SKY, LLC, of Rockville, Maryland, by the Department of
          Health and Human Services (HHS) under request for quotations (RFQ)
          No. SAMHSA10356  for services to improve accessibility of the website of the Office
          of Applied Studies (OAS) within the Substance Abuse and Mental Health Services
          Administration (SAMHSA). Divakar argues that HHS misevaluated SKY under the
          RFQ's experience/past performance factor.

          We deny the protest.

          BACKGROUND

          HHS issued the RFQ as a commercial item solicitation on August 24, 2009. The RFQ
          described the scope of work as reviewing the existing OAS web site, outlining
          potential short-term, long-term, and sustainable improvements, implementing the

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