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B-401037.5,B-401037.6 1 (2009-12-01)

handle is hein.gao/gaobadbcj0001 and id is 1 raw text is: G A 0 Comptroller General 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: Enterprise Information System File: B-401037.5; B-401037.6 Date: December 1, 2009 Alexander J. Brittin, Esq., Brittin Law Group; and Jonathan D. Shaffer, Esq., and Mary Pat Gregory, Esq., Smith, Pachter, McWhorter, 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 statement by agency during discussions--that price below representative current contract price may create performance risk--misled protester into not lowering its price in revised proposal is denied; statement did not prohibit offerors from proposing a price below specified level but, rather, provided offerors with opportunity to explain how they would be able to perform at price below that level. 2. Protester is not interested party for purposes of challenging evaluation of awardee's proposal where record shows that, even if protest were sustained, an intervening offeror, not protester, would be next in line for award. DECISION Enterprise Information System (EIS), of Vienna, Virginia, protests the award of a contract to Evolver, Inc., of Reston, Virginia, under request for proposals (RFP) No. DOC52-PAPT-08-01009, issued by the U.S. Patent and Trademark Office for information technology support services. EIS argues that the agency failed to hold meaningful discussions and improperly evaluated Evolver's proposal. We deny the protest. The RFP provided for a best value award based on an evaluation of the following factors (in descending order of importance): experience, technical approach, management approach, past performance, and price. Agency Report (AR) at 3. Four

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