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B-401037.4,B-401037.7 1 (2009-12-08)

handle is hein.gao/gaobadbci0001 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: VMD Systems Integrators, Inc. File: B-401037.4; B-401037.7 Date: December 8, 2009 David S. Cohen, Esq., and John J. O'Brien, Esq., Cohen Mohr, LLC, for the protester. John R. Tolle, Esq., and Bryan R. King, Esq., Barton, Baker, Thomas & Tolle, LLP, for Evolver, Inc., an intervenor. Lisa J. Obayashi, Esq., U.S. Patent and Trademark Office, 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 1. Protest that agency's realism analysis of awardee's proposal was inadequate-- because it was based on comparison of awardee's average labor rates to incumbent contractor's average rates--is denied; agency's chosen methodology was within its discretion given fixed-price nature of contract to be awarded, and thus provided reasonable basis for agency to conclude that awardee's price did not present a performance risk. 2. Protest that agency improperly failed to credit protester's proposal with claimed strength is denied where protester fails to establish that claimed strength would provide benefit to agency contemplated by evaluation scheme. 3. Protest that agency misevaluated similarity of awardee's experience to solicited work by considering only dollar value of prior contracts, rather than specific elements of similarity--such as contract type and complexity--is denied; agency reasonably determined that dollar value reflects several aspects of similarity and record shows that agency also considered offerors' descriptions of work under prior contracts in concluding that awardee's experience was of size, type and complexity similar to that described in solicitation. 4. Agency request that offerors indicate whether their proposed rates had been audited by Defense Contract Audit Agency constituted clarification, not discussions, notwithstanding that awardee provided more detailed explanation than other offerors in response, since awardee did not modify its proposal and information was not used in evaluation of proposals.

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