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B-405932.3 1 (2012-04-26)

handle is hein.gao/gaobadotc0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: LGS Innovations LLC File: B-405932.3 Date: April 26, 2012 Thomas L. McGovern III, Esq., Andrew C. Ertley, Esq., and C. Peter Dungan, Esq., Hogan Lovells US LLP, for the protester. Maj. James W. Nelson, Department of the Army, for the agency. Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Reimbursement of protest costs based on agency corrective action is not warranted where the protest was not clearly meritorious. DECISION LGS Innovations LLC requests that we recommend that it be reimbursed the costs of filing and pursuing its protests challenging the Department of the Army's issuance of delivery order No. W91 QUZ-06-D-0021/0009 to AT&T Government Solutions for infrastructure modernization at the Wiesbaden, Germany Command Battle Center (CBC). We deny the request. The RFP provided for the issuance, on a best value basis, of a fixed-price delivery order to provide a turnkey solution to upgrade and modernize the voice and data networks at the CBC. Proposals were to be evaluated under three factors: technical, management, and price. When the agency issued the delivery order to AT&T, LGS protested, asserting that the technical evaluation was unreasonable based on LGS's belief that the agency had applied an unstated evaluation preference for AT&T's technical solution; that the best value, tradeoff determination was flawed; and that the agency failed to conduct meaningful or equal discussions related to the preferred technical solution. In its agency report, the Army denied applying any unstated evaluation preference and defended both its best value determination and its conduct of discussions.

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