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B-277801.4 1 (1998-06-01)

handle is hein.gao/gaocrptahmm0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Advanced Data Concepts, Inc. File: B-277801.4 Date: June 1, 1998 Cyrus E. Phillips IV, Esq., and Christopher H. Jensen, Esq., Kilcullen, Wilson & Kilcullen, for the protester. Stuart I. Young, Esq., DynCorp EENSP, Inc., an intervenor. Gena E. Cadieux, Esq., and Beth Kelly, Esq., Department of Energy, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that one of its evaluated weaknesses was double-counted under one of two personnel subcriteria is upheld where the record shows that the protester's proposal was downgraded under the subcriterion for a matter not reasonably within the scope of the subcriterion, and where the other personnel subcriterion clearly indicated an intent to consider this matter, and reasonably did SO. 2. Argument that evaluation of past performance was unreasonable because none of the protester's properly-identified references returned the past performance questionnaire is denied where the agency followed the procedure identified in the solicitation of awarding a neutral rating for such unreturned references, and where there is no showing that the evaluators had some independent basis for knowing of the protester's allegedly excellent past performance, because, absent such a showing, there is no legal requirement that all past performance references be included in a valid review of past performance. 3. Where record shows that the protester cannot reasonably claim that, but for the agency's actions, it would have had a substantial chance of receiving the award, the General Accounting Office will not sustain a protest, even though, in some areas, the contentions raised have merit. DECISION Advanced Data Concepts, Inc. (ADC) protests the award of a contract to DynCorp EENSP, Inc., d/b/a DynMeridian by the Department of Energy (DOE), pursuant to request for proposals (RFP) No. DE-RPO1-97NN50008, issued to procure technical,

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