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B-299702 1 (2007-07-24)

handle is hein.gao/gaocrptaufy0001 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: Data Management Services Joint Venture File: B-299702; B-299702.2 Date: July 24, 2007 Joseph G. Billings, Esq., for the protester. Douglas L. Patin, Esq., and Jeremy Becker-Welts, Esq., Bradley Arant Rose & White LLP, for Alon, Inc., an intervenor. Gary L. Brooks, Esq., and Stephani L. Abramson, Esq., National Archives & Records Administration, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where, for purposes of evaluation under corporate experience subfactor, request for quotations (RFQ) defined relevant work as work similar in scope, magnitude, and nature to solicited effort, it was not consistent with the terms of the RFQ for the evaluators to consider work of lesser magnitude relevant; protest is denied, however, where agency had reasonable basis for viewing efforts not meeting solicitation definition as relevant, and there is no evidence that protester was prejudiced by the agency's relaxation of its criteria for determining relevance. 2. Since, to demonstrate an impermissible bait and switch, a protester must show not simply that a firm represented that it would rely on specific personnel whom it did not intend to furnish, but also that the misrepresentation had a material impact on the evaluation, allegation that successful vendor intends to substitute equally (or better) qualified personnel for the individuals specified in its quotation is legally insufficient since such a substitution could not materially affect the evaluation results. 3. Protest arguing that successful vendor's Federal Supply Schedule contract does not contain all required labor categories is denied where agency reasonably determined that vendor had proposed equivalent labor categories. DECISION

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