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B-299504 1 (2007-06-04)

handle is hein.gao/gaocrptaufa0001 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 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been Decision .approved for public release. Matter of. IBM Corporation File: B-299504; B-299504.2 Date: June 4, 2007 Thomas P. Humphrey, Esq., John E. McCarthy Jr., Esq., David Z. Bodenheimer, Esq., Adelicia Cliffe Taylor, Esq., Jane R. Foster, Esq., and Derek A. Hahn, Esq., Crowell & Moring LLP, for the protester. Mark D. Colley, Esq., Christopher R. Yukins, Esq., Kristen E. Ittig, Esq., Cameron W. Fogle, Esq., and Antonella Karlin, Esq., Arnold & Porter LLP, for CGI Federal, Inc., an intervenor. Avital G. Zemel, Esq., and Kenneth A. Redden, Esq., Environmental Protection Agency, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's evaluation of offerors' price and cost proposals is sustained where agency improperly adjusted upward portions of protester's fixed- price proposal. 2. Protest alleging unreasonable technical evaluation is denied where record supports agency's evaluation of protester's personnel approach. 3. Protest alleging misleading discussions is denied where protester unreasonably relied on oral advice allegedly provided by agency during discussions which deviated from solicitation instructions. DECISION IBM Corporation protests the award of a contract to CGI Federal, Inc. under request for proposals (RFP) No. PR-HQ-05-12521, issued by the Environmental Protection Agency (EPA) for the upgrade of the agency's financial management system. The protester contends that the EPA's evaluation of the offerors' price and technical proposals was unreasonable. The protester also alleges that the agency did not conduct meaningful discussions, and that the source selection decision was flawed.

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