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B-287608.3 1 (2002-08-07)

handle is hein.gao/gaocrptaoaw0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
Accountability * Integrity* Reliability                                 of the United States
United States General Accounting Office             DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: National City Bank of Indiana

          File:        B-287608.3

          Date:        August 7, 2002

          Rand Allen, Esq., Philip J. Davis, Esq., Timothy W. Staley, Esq., and Derek A. Yeo,
          Esq., Wiley Rein & Fielding, for the protester.
          Eugene D. Gulland, Esq., Alan A. Pemberton, Esq., Jennifer L. Plitsch, Esq., and
          Timothy J. Keefer, Esq., Covington & Burling, for Bank of America, an intervenor.
          John F. Ruoff, Esq., Defense Finance and Accounting Service, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. In implementing prior GAO recommendation to amend solicitation and request
          revised proposals, agency properly permitted awardee to change various portions of
          its cost and technical proposal where solicitation amendment specifically advised all
          offerors that they were permitted to change any or all portions of their proposal.

          2. In performing past performance evaluation, agency reasonably declined to
          attribute the past performance of an offeror's affiliate to that offeror where, based on
          the agency's independent research, it determined that the affiliate was a separate
          legal entity, that the two entities had substantially differing workforces,
          management, and facilities, and that the offeror's affiliate was not likely to be
          involved in performing the contract being competed.

          3. Agency's cost realism analysis of awardee's proposed staffing costs is not
          supported where the record is devoid of any meaningful explanation from the agency
          evaluators of their basis for accepting as realistic the awardee's proposed [deleted]
          reduced staffing levels.
          DECISION

          National City Bank of Indiana (NCB) protests the award of a contract by the
          Department of Defense (DOD), Defense Finance and Accounting Service (DFAS), to
          Bank of America (BOA) under request for proposals (RFP) No. MDA210-00-R-CPB3
          to provide banking services for United States personnel stationed overseas. NCB
          protests that DFAS improperly permitted BOA to revise its proposal, improperly

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