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B-299820 1 (2007-08-14)

handle is hein.gao/gaocrptaugs0001 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: PWC Logistics Services, Inc.

          File:        B-299820; B-299820.3

          Date:        August 14, 2007

          Michael R. Charness, Esq., Robert J. Rothwell, Esq., Suzanne D. Reifman, Esq., and
          Alexander 0. Levine, Esq., Vinson & Elkins, LLP, for PWC Logistics Services, Inc.
          Thomas P. Barletta, Esq., Daniel C. Sauls, Esq., Paul R. Hurst, Esq., and Ana Holmes
          Voss, Esq., Steptoe & Johnson, LLP, for Science Applications International
          Corporation, an intervenor.
          Benjamin G. Perkins, Esq., Robert E. Sebold, Esq., and Ed Murray, Esq., Defense
          Logistics Agency, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest that agency applied unstated environmental risk management plan factor
          in its evaluation of management proposals is denied where record shows that agency
          provided all offerors identical information during discussions that effectively
          amended the evaluation criteria of the solicitation.

          2. Protest that agency failed to provide protester discussions relating to the
          adequacy of its environmental risk management plan is denied where record shows
          (1) agency only assigned protester's proposal a minor weakness in the area--and
          therefore was not required to discuss the matter--and (2) agency, in fact, afforded
          protester discussions relating to this aspect of its proposal.

          3. Protest relating to reasonableness of the agency's evaluation of protester's and
          awardee's proposals in the area of environmental risk management plan is denied
          where record supports agency's conclusions that there were qualitative distinctions
          between the proposals in this area.

          4. Protest relating to the agency's finding that awardee's proposal offered superior
          past performance is denied where record shows that agency had a reasonable basis
          for finding the awardee's past performance more relevant than that of other
          offerors', and the protester's assertions relating to awardee's past performance are
          based on factually incorrect assumptions.

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