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B-403035.2,B-403035.3 1 (2010-09-20)

handle is hein.gao/gaobadbnl0001 and id is 1 raw text is: G A 0Comptroller 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: Staff Tech, Inc. File: B-403035.2; B-403035.3 Date: September 20, 2010 Antonio R. Franco, Esq., Steven J. Koprince, Esq., and Kelly E. Buroker, Esq., PilieroMazza PLLC, for the protester. Jon H. DeVore, Esq., and Max Garner, Esq., Birch, Horton, Bittner and Cherot, PC, for Bearskin Services, an intervenor. Charmaine A. Howson, Esq., David R. Koeppel, Esq, Joseph Lenhard, Esq., and J. Adam Avellano, Esq., Department of Energy, for the agency. Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency improperly considered the past performance and corporate/management experience of a company other than the awardee in evaluating the awardee's proposal is denied, where the record shows that both companies have the same address and telephone number, share the same program manager and principals, and the agency was reasonable in concluding that the companies were affiliated. 2. Protest that source selection official improperly made award on a low price, technically acceptable basis instead of a best value basis is denied, where the record reflects that the source selection official reasonably found the proposals of the awardee and the protester to be essentially equal and selected the lower-priced proposal for award. DECISION Staff Tech, Inc., of Folsom, California, protests the award of a contract to Bearskin Services, of Wyandotta, Oklahoma, under request for proposals (RFP) No. DE-RP65- 10WN86895, issued by the Department of Energy (DOE), for information technology and engineering support services for the DOE Western Area Power Administration's Sierra Nevada Region. The protester contends that the DOE improperly evaluated Bearskins' proposal using past performance and experience information for another company. The protester also objects to the agency's determination that the Staff Tech and Bearskin proposals were technically equal, arguing that the agency

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