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B-416783,B-416783.2,B-416783.3,B-416783.4 1 (2018-12-13)

handle is hein.gao/gaobadvpt0001 and id is 1 raw text is: GtiO 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 a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Native Energy & Technology, Inc. File: B-416783; B-416783.2; B-416783.3; B-416783.4 Date: December 13, 2018 John C. Dulske, Esq., and Bryan L. Kost, Esq., Dykema Cox Smith, for the protester. Kenneth B. Weckstein, Esq., and Shlomo D. Katz, Esq., Brown Rudnick LLP, for EMCOR Government Services, the intervenor. Kimberly L. Cohen, Esq., Department of Homeland Security, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the evaluation of the awardee's technical proposal is sustained where the agency assigned strengths for features that were not included in the awardee's proposal, and were instead features that the agency inferred or assumed the awardee would provide based on its performance of the incumbent contract. 2. Protest challenging the evaluation of the protester's technical proposal is dismissed where the protester's initial arguments were abandoned in its comments on the agency report and where newly-raised arguments are untimely, and denied where the protester's general arguments do not establish that the evaluation was unreasonable. 3. Protest challenging the evaluation of the awardee's past performance is denied where the record shows that the agency reasonably considered both the awardee's performance problems as well as the awardee's satisfactory resolution of those problems. 4. Protest challenging the award decision is denied with regard to the protester's argument that the source selection authority did not personally review the offerors' proposals, but is sustained with regard to the protester's argument that the errors in the evaluation of the awardee's technical proposal render the award decision unreasonable. DECISION Native Energy & Technology, Inc. (NET), of San Antonio, Texas, protests the award of a contract to EMCOR Government Services, of Arlington, Virginia, by the Department of

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