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B-401689,B-401689.2,B-401689.3 1 (2009-11-09)

handle is hein.gao/gaobadbcd0001 and id is 1 raw text is: li AL A , G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Governm ent A ccountability Office ---------------------------------------------------------------------------------------------------------------------- Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE 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: Innovative Technologies Corporation File: B-401689; B-401689.2; B-401689.3 Date: November 9, 2009 Robert Guy Hanseman, Esq., and James Alan Dyer, Esq., Sebaly, Shilliot + Dyer, for the protester. John S. Pachter, Esq., Jonathan D. Shaffer, Esq., Mary Pat Gregory, Esq., and Andrew J. Foti, Esq., Smith Pachter McWhorter PLC, for Tybrin Corporation, an intervenor. Sharon A. Jenks, Esq., and Behn M. Kelly, Esq., Department of the Air Force, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of alleged improprieties apparent on face of task order solicitation, filed after issuance of the task order, is dismissed as untimely under GAO's Bid Protest Regulations. 2. Protest that the agency unreasonably evaluated the competitors' proposals, based primarily on the agency's alleged failure to sufficiently credit the protester's incumbent status and advantages, is denied where the record shows the agency evaluation was reasonable and in accordance with the stated evaluation criteria. 3. Alleged misrepresentations by vendor that was issued the task order were not material where the agency did not rely upon them. 4. Nature and extent of agency's price realism analysis, including proposed labor rates, of proposals responding to fixed-price task order solicitations are matters within the reasonable exercise of the agency's discretion DECISION Innovative Technologies Corporation (ITC) of Dayton, Ohio protests the issuance of task order No. 38 under the Department of the Air Force's Consolidated Acquisition of Professional Services (CAPS) multiple-award indefinite-delivery/indefinite-

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