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B-405310.6 1 (2012-02-02)

handle is hein.gao/gaobadorl0001 and id is 1 raw text is: 



G              A                                                         Comptroller 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.
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          Decision

          Matter of:   Y&K Maintenance, Inc.

          File:        B-405310.6

          Date:        February 2, 2012

          Michael H. Ferring, Esq., Ferring & DeLue LLP, and Joseph A. Yazbeck, Jr., Esq.,
          and D. Brent Carpenter, Esq., Yazbeck, Cloran & Bowser, PC, for the protester.
          Douglas R. Roach, Esq., Ahlers & Cressman PLLC, for SEM Service Co., Ltd., the
          intervenor.
          MAJ Christine C. Fontenelle, Department of the Army, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest of an agency's evaluation of the awardee's proposal under a key
          personnel experience evaluation factor is sustained where the agency did not
          evaluate the experience of the awardee's proposed key personnel consistent with
          the solicitation's stated evaluation criteria.

          2. Protest based on an alleged violation of the Procurement Integrity Act is denied,
          where, consistent with Federal Acquisition Regulation requirements, the agency
          investigated the alleged disclosure of information by an agency employee to another
          offeror and found that the documents provided were publicly available and not
          procurement sensitive and where the protester has not shown that it was
          competitively prejudiced.
          DECISION

          Y&K Maintenance, Inc., of Seoul, Korea, protests the award of a contract to SEM
          Service Co., Ltd., of Seoul, Korea, under request for proposals (RFP) No. W91 QVN-
          11 -R-01 35, issued by the Department of the Army, for operation and maintenance
          (O&M) of the Medical Command-Korea (MEDDAC-K) facilities in the Republic of
          Korea.


We sustain the protest in part and deny it in part.

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