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B-298380.3 1 (2006-11-15)

handle is hein.gao/gaocrptasqf0001 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
Washington, DC 20548



          Decision


          Matter of: Avue Technologies Corp., Carahsoft Technology Corp.

          File:        B-298380.3

          Date:        November 15, 2006

          Frederick W. Claybrook, Jr., Esq., David C. Hammond, Esq., and Brian T.
          McLaughlin, Esq., Crowell & Moring, for the protesters.
          Lori R. Larson, Esq., and Richard M. Sudder II, Esq., Internal Revenue Service, for
          the agency.
          John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Clauses pertaining to data rights included in a solicitation issued for a solution to
          automate the agency's personnel recruitment and hiring processes do not violate
          applicable regulations where they only seek to protect the government's rights in
          government data pertaining to the government's personnel recruitment and hiring
          processes.

          2. Solicitation providing for the award of a fixed-price, indefinite-delivery,
          indefinite-quantity contract for a solution to automate the agency's personnel
          recruitment and hiring processes, which requests that offerors provide fixed prices
          and provides for the evaluation of those prices, reasonably considers cost to the
          government; the fact that the solicitation does not also provide for the evaluation of
          other collateral agency personnel cost savings that the protesters claim will be
          achieved through the use of its automated service is unobjectionable.
          DECISION

          Avue Technologies Corp. and Carahsoft Technology Corp. protest the terms of
          request for proposals (RFP) No. DHS-06-IRS05, issued by the Internal Revenue
          Service on behalf of the Department of Homeland Security (DHS), for a solution to
          automate DHS's recruitment and hiring processes.


          'According to the record, Avue is a provider of automated services such as those
          being solicited here, Carahsoft is a reseller of Avue's product, and both are
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