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B-416937,B-416937.2 1 (2019-01-15)

handle is hein.gao/gaobadvlj0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Safal Partners, Inc.

File:        B-416937; B-416937.2

Date:        January 15, 2019

Adam K. Lasky, Esq., David Y. Yang, Esq., Erich Potter, Esq., and Daniel P. Radthorne,
Esq., Oles Morrison Rinker & Baker, LLP, for the protester.
Antonio R. Franco, Esq., Michelle E. Litteken, Esq., Patrick T. Rothwell, Esq., and
Jacqueline K. Unger, Esq., Piliero Mazza PLLC, for Manhattan Strategy Group, LLC,
the intervenor.
Mark Motta, Esq., and Michael S. Taylor, Esq., Department of Education, for the
agency.
Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest that the agency unreasonably evaluated the protester's technical quotation is
denied where any errors in the evaluation were not prejudicial to the protester.

2. Protest that the agency conducted unfair discussions is denied where, in this Federal
Acquisition Regulation subpart 8.4 procurement, the agency was required to request a
price reduction, and other requested changes to the price quotations did not constitute
discussions.

3. Protest that awardee's subcontractor has an unmitigated impaired objectivity
organizational conflict of interest is sustained where the agency's initial analysis relied
on vendors' self-certifications, and the agency's post-protest analysis was based on a
mistake of material fact and the application of an improper legal standard.
DECISION

Safal Partners, Inc., of Houston, Texas, protests the issuance of a task order (TO) to
Manhattan Strategy Group, LLC (MSG), of Bethesda, Maryland, under request for
quotations (RFQ) No. 91990018Q0023, issued by the Department of Education (DOE)
for support of the Charter Schools Program (CSP). The protester asserts that the
agency's evaluation of Safal's quotation was unreasonable, the conduct of discussions

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