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B-404811.2 1 (2011-05-25)

handle is hein.gao/gaobadbvd0001 and id is 1 raw text is: JiL AL A , G A O Comptroller General Acc untabiity * 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 version has been approved for public release. D e c is io n ........................................................... Matter of: AC4S, Inc. File: B-404811.2 Date: May 25, 2011 Joseph M. Goldstein, Esq., Shutts & Bowen LLP, for the protester. Brian A. Darst, Esq., and Matthew R. Keller, Esq., Odin, Feldman & Pittleman, PC, for Engineering Services Network, Inc.; and Robert E. Gregg, Esq., and Karen R. Harbaugh, Esq., Squire, Sanders & Dempsey (US) LLP, for NetCentrics, the intervenors. Maj. James W. Nelson, and Brenda Oswalt, Esq., Department of the Army, for the agency. Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably eliminated proposal from consideration for award where the proposal failed to conform to a material term of the solicitation. 2. Protester's omission of words from a required performance metric was not subject to clarification where the omission was material and constituted a deficiency. DECISION AC4S, Inc., a small business, protests the elimination of its proposal from consideration for award under request for proposals (RFP) No. W91QUZ-08-R-0011, issued by the Department of the Army for information technology services. We deny the protest. The RFP was issued on March 25, 2009 as a total set-aside for small business, to establish a multiple award indefinite-delivery/indefinite-quantity (ID/IQ) contract for a range of services and solutions necessary to implement the agency's enterprise infrastructure and infostructure goals. To achieve this end, the RFP sought to enter into performance-based arrangements with successful offerors. The RFP noted that establishing performance based arrangements introduced several changes from

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