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B-294836 1 (2004-12-30)

handle is hein.gao/gaocrptappq0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: The MIL Corporation File: B-294836 Date: December 30, 2004 Paul F. Khoury, Esq., and Joseph E. Ashman, Esq., Wiley Rein & Fielding, for the protester. Lauren Kalish, Esq., Terry Hart Lee, Esq., and Mark Langstein, Esq., Department of Commerce, for the agency. John L. Formica, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's unfavorable evaluation of protester's proposal under a past performance subfactor was improper where the effect of the low rating was to penalize the protester for a lack of past performance information that the agency deemed relevant to this subfactor. 2. Agency's best value (price/technical tradeoff) analysis in which minimal consideration was given to proposed prices is improper because it fails to consider price as a meaningful evaluation factor, as required by 41 U.S.C. § 253a(c)(1)(B) (2000) and the terms of the solicitation. DECISION The MIL Corporation protests the rejection of its proposal under request for proposals (RFP) No. CM1303-03-RP-0019, issued by the Department of Commerce, for the award of government-wide acquisition contracts, referred to as the Commerce Information Technology Solutions Next Generation (COMMITS NexGen) program.! 1 This procurement is a follow-on to an earlier procurement, known as the Commerce Information Technology Solutions (COMMITS) program. RFP § C. 1; see Computer & Hi-Tech Mgmt, B-293235.4, Mar. 2, 2004, 2004 CPD 45; KathDal Techs, Inc.: Computer & Hi-Tech Mgmt, Inc., B-283137.3 et al., Dec. 30, 1999, 2000 CPD 6.

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