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B-406142.3 1 (2012-05-17)

handle is hein.gao/gaobadpqz0001 and id is 1 raw text is: 




         G   A     O                                                   Comptroller General
      Accountabiity , Integrity Reiiabihtty                            of the United States
United States Government Accountability Office
Washington, DC 20548                                     DOCUMENT FOR PUBLIC RELEASE
                                                       The decision issued on the date below was subject to
                                                       a GAO Protective Order. This redacted version has
         Decision                                      been approved for public release.


         Matter of:   Phoenix Management, Inc.

         File:        B-406142.3

         Date:        May 17, 2012

         Joan Kelley Fowler Gluys, Esq., John C. Dulske, Esq., and Bryan L. Kost, Esq.,
         Dulske & Gluys, P.C., for the protester.
         Michael J. Gardner, Esq., George G. Booker, Jr., Esq., and Shomari B. Wade, Esq.,
         Troutman Sanders, LLP, for Alliance Technical Serivces, Inc., the intervenor.
         Marvin K. Gibbs, Esq., Department of the Air Force, for the agency.
         John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that the awardee, in preparing its proposal, violated the Procurement
         Integrity Act and made material misrepresentations, and that an award to the
         awardee was precluded by an impermissible organizational conflict of interest, is
         denied, where as part of earlier corrective action in response to a prior protest, the
         agency investigated the protester's allegations and reasonably found them to be
         unsupported by the record.

         2. Protester's argument that the agency's evaluation of the awardee's proposed
         price was flawed because the agency did not evaluate the awardee's price for
         realism or verify that the awardee would comply with the Service Contract Act
         (SCA) is without merit where the solicitation did not provide for a price realism
         analysis or for verification of SCA compliance.
         DECISION

         Phoenix Management, Inc., Austin, Texas, protests the award of a contract to
         Alliance Technical Services, Inc. (ATS), Norfolk, Virginia, under request for
         proposals (RFP) No. FA4610-09-R-001 3, issued by the Department of the Air
         Force, for launch support services at Vandenberg Air Force Base, California.
         Phoenix argues that ATS materially misrepresented in its proposal that certain
         personnel would be available for contract performance. Phoenix also argues that
         ATS violated the Procurement Integrity Act (PIA) in preparing its proposal, and that

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