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B-279697 1 (1998-07-13)

handle is hein.gao/gaocrptahti0001 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: Dynamic Marketing Services, Inc. File: B-279697 Date: July 13, 1998 David M. Nadler, Esq., Robert J. Moss, Esq., and William M. Rosen, Esq., Dickstein Shapiro Morin & Oshinsky, for the protester. Gilbert J. Ginsburg, Esq; and Daniel B. Abrahams, Esq., and Raymond Fioravanti, Esq., Epstein, Becker & Green; for Aspen Systems Corporation, an intervenor. Jeffrey C. Morhardt, Esq., and Edmund J. Trepacz, Esq., Department of Education, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's proposal was properly excluded from the competitive range where the proposal contained numerous weaknesses and deficiencies under each of the five technical evaluation factors and would have required major revisions in order to become technically acceptable. DECISION Dynamic Marketing Services, Inc. (DMSI) protests the Department of Education's exclusion of its proposal from the competitive range and the subsequent award of a contract to Aspen Systems Corporation under request for proposals (RFP) No. 98-001. The solicitation sought proposals to operate a state of the art one-stop center for distribution of the agency's various publications. Dynamic asserts that the agency improperly evaluated its proposal as technically unacceptable and contends that the proposal should have been included in the competitive range. We deny the protest. The Department of Education yearly creates hundreds of information products, including reports, fliers, videos, brochures and posters, which are distributed to the public upon request. For several years, DMSI has performed as a subcontractor under another Department of Education contract for some of these product distribution services.

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