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B-404894.3 1 (2011-08-15)

handle is hein.gao/gaobadbxe0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: eTouch Federal Systems, LLC File: B-404894.3 Date: August 15, 2011 Jonathan D. Shaffer, Esq., John S. Pachter, Esq., and Mary Pat Buckenmeyer, Esq., Smith Pachter McWhorter PLC, for the protester. David M. Nadler, Esq., David Y. Yang, Esq., and Andrew E. Smith, Esq., Dickstein Shapiro LLP, for Accenture Federal Services LLC, an intervenor. Jonathan D. Tepper, Esq., and Lori R. Larson, Esq., Internal Revenue Service, for the agency. Kenneth Kilgour, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency was not required to provide protester, which represented itself as a small business concern in its proposal, with an opportunity to submit a revised proposal where, post-award, the Small Business Administration found the protester to be other than a small business, and the agency elected to reevaluate proposals. 2. Protest that agency improperly evaluated protester's proposal is denied where the record establishes that the proposal failed to comply with the solicitation requirements. DECISION eTouch Federal Systems, LLC (EFS), of Newark, California, protests the award of a contract to Accenture Federal Services, LLC, of Reston, Virginia, under request for proposals (RFP) No. TIRNO-09-R-00051, issued by the Internal Revenue Service (IRS) for the Enterprise Managed Web Portals Program. EFS alleges that the agency improperly evaluated its proposal as unacceptable under the small business participation factor for its failure to submit a small business subcontracting plan. We deny the protest. On January 15, 2010, the IRS issued the RFP, contemplating the award of an indefinite-delivery/indefinite-quantity contract with a 5-year base period, plus five 1-year options, and a total contract ceiling of $320 million, for the redesign,

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