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B-401754,B-401754.2,B-401754.3,B-401754.4 1 (2009-11-23)

handle is hein.gao/gaobadbdk0001 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:  SETA Support Services Alliance; Sigmatech, Inc.

          File:       B-401754; B-401754.2; B-401754.3; B-401754.4

          Date:       November   23, 2009

          J. Scott Hommer, Esq., Paul A. Debolt, Esq., Jeffrey M. Chiow, Esq.,
          Dismas N. Locaria, Esq., and Justin J. Wortman, Esq., Venable LLP, and
          Gary L. Rigney, Esq., Law Office of Gary L. Rigney, for SETA Support Services
          Alliance; and Ira E. Hoffman, Esq., Shulman Rogers Gandal Pordy Ecker, P.A., for
          Sigmatech, Inc., the protesters.
          Thomas  L. McGovern III, Esq., Allison D. Pugsley, Esq., Stephen A. Smyers, Esq.,
          Michael D. McGill, Esq., and Andrew C. Ertley, Esq., Hogan & Hartson LLP, for
          Electronic Consulting Services, Inc., an intervenor.
          Wade  L. Brown, Esq., Harlan Gottlieb, Esq., Stephen J. Faherty, Esq., and
          Joseph V. Fratarcangeli, Esq., Department of the Army, 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

          Protests that agency misevaluated proposals and performed an unreasonable price
          realism analysis are denied where record demonstrates that the technical evaluation
          was reasonable and consistent with solicitation, and any errors in the price realism
          analysis did not result in competitive prejudice.
          DECISION

          SETA  Support Services Alliance, of Orlando, Florida, and Sigmatech, Inc., of
          Huntsville, Alabama, both small businesses,' protest the award of a contract to
          Electronic Consulting Services, Inc. (ECS), of Fairfax, Virginia, by the Department of
          the Army, under request for proposals (RFP) No. W900KK-08-R-0021 for systems


          'The Army  argues that SETA is not an interested party because it is not a small
          business--which SETA disputes. Our description of a protester as a small business
          here is based simply on the protester's representation; the jurisdiction to determine
          the size status of a particular business rests with the Small Business Administration.
          See 4 C.F.R. § 21.5(b)(1) (2009).

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