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B-404655.4,B-404655.5,B-404655.6 1 (2011-10-11)

handle is hein.gao/gaobadoje0001 and id is 1 raw text is: 



J         G    A                                                         Comptroller General
        Accountability * Integrity * Reliability                          of the United States
United States Government Accountability Office  DOCUMENTFoR-PUBICRELEASE
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:   Raytheon Technical Services Company LLC

          File:        B-404655.4; B-404655.5; B-404655.6

          Date:     October 11,2011

          Joseph P. Hornyak, Esq., David S. Black, Esq., Alexander B. Ginsberg, Esq., Megan
          Mocho Jeschke, Esq., and Oliya S. Zamaray, Esq., Holland & Knight LLP, for the
          protester.
          James J. McCullough, Esq., Michael J. Anstett, Esq., and Brian M. Stanford, Esq.,
          Fried, Frank, Harris, Shriver & Jacobson LLP, for Science Applications International
          Corporation, and Mark R. Gleeman, Esq., Winthrop & Weinstine, PA, for DECO,
          Inc., intervenors.
          Kathleen D. Martin, Esq., Department of State, for the agency.
          Paul E. Jordan, Esq., Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the
          General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that awardee had unequal access to information type of organizational
          conflict of interest is denied where allegations were based upon suspicion and not
          hard facts, agency's investigation was meaningful, and agency reasonably
          concluded that awardee did not have access to nonpublic information that would
          provide firm a competitive advantage in procurement.

          2. Protest is sustained where solicitation required proposal of loaded labor rates to
          be used as ceiling rates in future task order competitions and awardee failed to
          propose rates for 20 labor categories; omission in awardee's proposal constitutes
          material omission rendering proposal unacceptable.

          3. Protest is sustained where agency's failure to provide common cutoff date for
          revised proposals may have prejudiced protester (one of original competitive range
          offerors).

          4. Protest is sustained where agency treated offerors unequally by assigning
          strength to awardee's proposal for management feature while failing to credit
          protester's proposal with a strength for a comparable feature, and failed properly to
          apply evaluation criteria by giving another awardee's proposal credit for key
          personnel under wrong evaluation factor.

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