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B-296984 1 (2005-11-14)

handle is hein.gao/gaocrptaqyu0001 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: WorldWide Language Resources, Inc.; SOS International Ltd.

          File:        B-296984; B-296984.2; B-296984.3; B-296984.4; B-296993; B-296993.2;
                       B-296993.3; B-296993.4

          Date:        November 14, 2005

          Richard D. Lieberman, Esq., McCarthy, Sweeney & Harkaway, PC, for WorldWide
          Language Resources, Inc.; Alison L. Doyle, Esq. and Jeniffer M. De Jesus, Esq.,
          McKenna Long & Aldridge LLP, for SOS International Ltd., the protesters.
          Thomas P. Barletta, Esq., Paul R. Hurst, Esq., and Michael C. Drew, Esq., Steptoe &
          Johnson LLP, for Russian and Eastern European Partnership, Inc., d/b/a Operational
          Support Services, an intervenor.
          Clarence D. Long, III, Esq., Paul D. Warring, Esq., and Edward N. Ramras, Esq.,
          Department of the Air Force, for the agency.
          Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protests challenging agency's award of sole-source contract for bilingual-
          bicultural advisors utilizing other than competitive procedures based on unusual and
          compelling urgency are sustained where the agency initially attempted to place the
          requirement under an environmental services contract, which, on its face, did not
          include within its scope the bilingual-bicultural advisor requirement. This obvious
          error constituted lack of advance planning, which compromised the agency's ability
          to obtain any meaningful competition and directly resulted in the sole-source award.

          2. Justification and approval prepared in support of second sole-source award
          expanding the bilingual-bicultural advisor requirement was unreasonable where
          justification was premised on the conclusion that the awardee was the only
          responsible source, yet the capabilities of firms other than the awardee were not in
          fact considered.

          3. Agency's request for dismissal of protests as untimely on the ground that
          announcement of contract award on the Department of Defense's official website,
          www.DefenseLink.mil, placed protesters on constructive notice of the award and
          thus required the protesters to file their protests within 10 days of the announcement

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