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B-418266.5,B-418266.6,B-418266.8 1 (2020-10-21)

handle is hein.gao/gaobaebyb0001 and id is 1 raw text is: 



GAiO 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:   HomeSafe  Alliance, LLC

File:        B-418266.5; B-418266.6; B-418266.8

Date:     October 21,   2020

Craig A. Holman, Esq., Stuart W. Turner, Esq., Sonia Tabriz, Esq., Amanda J.
Sherwood,  Esq., Thomas A. Pettit, Esq., and Trevor G. Schmitt, Esq., Arnold & Porter
Kaye  Scholer, LLP, for the protester.
Kara M. Sacilotto, Esq., Tracye Winfrey Howard, Esq., Brian G. Walsh, Esq., Samantha
S. Lee, Esq., Cara L. Lasley, Esq., Lindy C. Bathurst, Esq., and Adam R. Briscoe, Esq.,
Wiley Rein LLP, for American Roll-on Roll-off Carrier Group, Inc., the intervenor.
Erika L. Whelan Retta, Esq., and Jason Smith, Esq., Department of the Air Force, 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 challenging a contracting officer's affirmative determination of the awardee's
responsibility is sustained where the record shows that the contracting officer failed to
consider that the awardee's statements offered in the course of a second responsibility
determination--that two affiliates implicated in criminal wrongdoing would not contribute
to contract performance--contradicted the awardee's technical capability proposal, and
failed to consider that two top officers of the awardee's parent company are employees
of one of the affiliates implicated in criminal wrongdoing.

2. Protest that the agency conducted misleading discussions is sustained where,
although the protester's total evaluated price was consistently lower than other offerors'
prices, in each round of discussions the agency advised the protester that its total price
seemed  high.

3. Protest that agency failed to adequately document oral presentations and the related
discussions is sustained where the record demonstrates that the agency did not
maintain a record of the oral presentations adequate to permit meaningful review.

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