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B-409806,B-409806.2,B-409806.4,B-409806.5 1 (2014-08-15)

handle is hein.gao/gaobadqmz0001 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:   IBM U.S. Federal, a division of IBM Corporation;

                      Presidio Networked Solutions, Inc.

         File:        B-409806; B-409806.2; B-409806.4; B-409806.5

         Date:        August 15, 2014

         David W. Burgett, Esq., C. Peter Dungan, Esq., Emily M.Q. Schriver, Esq.,
         Brendan M. Lill, Esq., and Nicole D. Picard, Esq., Hogan Lovells US LLP, for
         IBM Corporation; and Jonathan D. Shaffer, Esq., Mary Pat Buckenmeyer, Esq., and
         Zachary D. Prince, Esq., Smith Pachter McWhorter PLC, for Presidio Networked
         Solutions, Inc., the protesters.
         James K. Kearney, Esq., Holly Emrick Svetz, Esq., and Steven W. Cave, Esq.,
         Womble Carlyle Sandridge & Rice, LLP, for Agilex Technologies, Inc.; and
         Devon E. Hewitt, Esq., and Jeffry R. Cook, Esq., Protorae Law PLLC, for
         Leidos, Inc., the intervenors.
         Christian M. Butler, Esq., and Corey Lastinger, Esq., Department of Homeland
         Security, U.S. Customs and Border Protection, for the agency.
         Glenn G. Wolcott, Esq., Lois A. Hanshaw, Esq., and David A. Ashen, Esq., Office of
         the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the establishment of a blanket purchase agreement with
         Agilex Technologies, Inc. is sustained where Agilex's quotation took exception to
         material solicitation terms, violated the solicitation's page limit provisions, and the
         source selection authority's decision overruling the technical evaluation committee's
         determination regarding the technical unacceptability of Agilex's quotation was
         inadequately documented.

         2. Protest challenging the establishment of a blanket purchase agreement with
         Leidos, Inc. on the basis of its low price is denied where solicitation sought fixed
         labor rates and the solicitation did not provide for a price realism evaluation.

         3. Protest challenging agency's evaluation of Leidos' quotation with regard to
         staffing of incumbent personnel is denied where protester has not shown that the
         agency's evaluation of Leidos' staffing plan was unreasonable.

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