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B-405062.4,B-405062.5,B-405062.6 1 (2013-09-04)

handle is hein.gao/gaobadpth0001 and id is 1 raw text is: 




         G    A    O                                                    Comptroller General
      Accountabilty * 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.
         D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Networking & Engineering Technologies, Inc.

         File:        B-405062.4; B-405062.5; B-405062.6

         Date:        September 4, 2013

         Jonathan D. Shaffer, Esq., John S. Pachter, Esq., Mary Pat Buckenmeyer, Esq.,
         and Rhina M. Cardenal, Esq., Smith Pachter McWhorter PLC, for the protester.
         John E. Jensen, Esq., Daniel S. Herzfeld, Esq., Nicole Y. Beeler, Esq., and Clare M.
         Cavaliero, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Arrowpoint Corp., the
         intervenor.
         Scott N. Flesch, Esq., and CPT Anthony V. Lenze, Department of the Army, for the
         agency.
         Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Under a solicitation contemplating the award of a fixed-price contract, protest
         challenging an agency's price realism analysis is denied where the contracting
         officer reasonably evaluated the awardee's lower price.

         2. Protest that an agency unreasonably evaluated the compliance of the awardee's
         proposal with a material solicitation requirement is denied where the record shows
         that the agency's evaluation of the awardee's proposal was reasonable.

         3. Protest alleging that the awardee should have been excluded from the
         competition based on an organizational conflict of interest is denied where the
         agency's reasonable investigation revealed no evidence to indicate the existence of
         a potential conflict.

         4. Protest challenging an agency's selection of a lower-priced offer is denied where
         the source selection decision was consistent with the solicitation's best value award
         criteria.
         DECISION

         Networking & Engineering Technologies, Inc. (NET), of Woodbridge, Virginia,
         protests the award of a contract to Arrowpoint Corp., of Alexandria, Virginia, by the

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