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B-298411 1 (2006-09-19)

handle is hein.gao/gaocrptasqk0001 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: Advanced Systems Development, Inc.

          File:        B-298411; B-298411.2

          Date:        September 19, 2006

          Paul E. Pompeo, Esq., Kara L. Daniels, Esq., and David J. Craig, Esq., Holland &
          Knight LLP, for the protester.
          William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Peter A. Riesen, Esq., and Keir
          X. Bancroft, Esq., Venable LLP, for KENROB Information Technology Solutions, Inc.,
          an intervenor.
          Andrew Blumenfeld, Esq., and Andy Bramnick, Esq., Washington Headquarters
          Services, Department of Defense, for the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's contention that the agency conducted flawed discussions regarding
          price is sustained where (1) the agency corrected an error in the awardee's pricing;
          (2) the agency concluded that the awardee's price, as corrected, violated the
          solicitation's price target; (3) the agency advised the awardee in discussions that its
          price violated the solicitation's price target, though it did not, but never disclosed the
          upward adjustment it had made to correct the pricing error; (4) the awardee lowered
          its price in its final proposal, but repeated the pricing error it had made before; and
          (5) the agency selected that offeror for award after concluding that its significant
          price advantage offered the best value to the government. Thus, the record, as a
          whole, shows that the flawed discussions led the awardee to significantly lower its
          price, and the selection decision turned on the price differential between awardee
          and the protester.

          2. Protester's contention that the agency failed to evaluate price proposals for
          completeness is sustained where the record shows that: (1) the solicitation
          expressly advised that price proposals would be assessed for completeness,
          including an assessment of the traceability of price estimates, and required that
          offerors submit detailed pricing data showing the traceability of those estimates in a
          work breakdown structure; (2) the agency never performed the completeness
          review; and (3) it is reasonable to conclude that, had it not been compelled to
          structure its proposal to comply with this solicitation requirement, the protester

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