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B-290788 1 (2002-09-25)

handle is hein.gao/gaocrptaohh0001 and id is 1 raw text is: 




          G    A     0                                                 Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Westar Corporation

          File:        B-290788

          Date:        September 25, 2002

          Terrence J. Strach for the protester.
          George U. Lane, Esq., General Services Administration, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that awardee failed to meet solicitation's requirements relating to
          certification of proposed personnel to perform certain nondestructive testing is
          denied, where record shows that agency obtained information adequate to
          demonstrate that personnel in question had necessary certifications at time of
          award, and protester has submitted no evidence to show that agency's conclusion
          regarding adequacy of certifications was unreasonable.
          DECISION

          Westar Corporation protests the award of a federal supply schedule delivery order to
          MEVATEC Corporation under solicitation No. 4TWG21024178, issued by the General
          Services Administration (GSA) for nondestructive testing services. Westar maintains
          that MEVATEC does not have personnel that meet the solicitation's certification
          requirements.

          We deny the protest.

          The solicitation required, among other things, that the contractor have three
          personnel certified at level III for nondestructive testing, in accordance with the
          requirements of the American Society for Nondestructive Testing (ASNT), for several
          different testing disciplines. Both the protester and the awardee submitted timely
          initial and best and final responses to the solicitation. The protester's initial and
          final submissions both provided: Currently, we do not meet all the certification
          requirements of this Statement of Work (SOW) paragraph; however, we will take
          corrective actions over the next few months to remedy this condition. Agency
          Report (AR), exhs. 3.2, at 4, 4.2 at 4. In contrast, the awardee's submissions provided

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