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B-412027,B-412027.2 1 (2015-12-09)

handle is hein.gao/gaobadrsl0001 and id is 1 raw text is: 




         G    A     O                                                   Comptroller General
       Accountabilty * Integrity * Reliability                           of the United States
U n ite d  S tate s  G o v e rn m e n t  A c c o u nta b ility  O ff ice  --------------------------------------------------------------------------------------------------------------------
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
         De      is ion                                been approved for public release.



         Matter of:   Shivoy, Inc.

         File:        B-412027; B-412027.2

         Date:        December 9, 2015

         James C. Fontana, Esq., David B. Dempsey, Esq., and Jeffry R. Cook, Esq.,
         Dempsey Fontana, PLLC, for the protester.
         David S. Black, Esq., William M. Pannier, Esq., and Elizabeth N. Jochum, Esq.,
         Holland & Knight LLP, for the intervenor.
         Elizabeth Amato, Esq., Defense Logistics Agency, for the agency.
         Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the agency's evaluation of the protester's proposal as
         technically unacceptable and ineligible for award is denied where any ambiguity
         regarding whether offerors were required to provide copies of certifications for
         non-key personnel prior to award was patent, rather than latent.

         2. Protest alleging that the agency's discussions were misleading is denied where
         the information giving rise to the evaluated deficiency was first introduced in the
         protester's revised proposal following discussions.
         DECISION

         Shivoy, Inc., of Reston, Virginia, a small business, protests the award of a contract
         to U.S. Information Technologies Corporation (USIT), of Chantilly, Virginia, under
         request for proposals (RFP) No. SP4701-15-R-0047, which was issued by the
         Department of Defense, Defense Logistics Agency (DLA), for database support
         services and maintenance. Shivoy challenges DLA's evaluation of its proposal as
         technically unacceptable and ineligible for award. The protester contends that the
         agency's evaluation was materially flawed due to a latent ambiguity, introduced by
         the agency during discussions. Shivoy also asserts that DLA's discussions were
         misleading.


We deny the protest.

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