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B-293013,B-293013.2 1 (2004-01-14)

handle is hein.gao/gaobacyop0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
 . Accountability * Integrity * Reliability                          of the United States
United States General Accounting 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:  AC Technologies, Inc.

          File:       B-293013; B-293013.2

          Date:       January 14, 2004

          J. Patrick McMahon, Esq., and William T. Welch, Esq., Barton, Baker, McMahon,
          Hildebrant & Tolle, for the protester.
          Edward H. Kim, Esq., Whiteford, Taylor & Preston, for Ace Info Solutions, Inc., an
          intervenor.
          Fred Kopatich, Esq., and Mark Langstein, Esq., Department of Commerce, 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

          Protest that agency misevaluated quotations in the area of past performance is
          denied where record shows that agency reasonably downgraded protester based on
          [deleted], and reasonably credited awardee for performance of contracts performed
          by both it and its subcontractor where nothing in the solicitation prohibited the
          agency from considering subcontractor's prior contracts.
          DECISION

          AC Technologies, Inc. (ACT) protests the issuance of a task order to Ace Info
          Solutions, Inc. (AIS) under request for quotations (RFQ) No. AFJ6000-3-00630-I,
          issued by the Department of Commerce, Minority Business Development Agency, for
          information technology (IT) services. ACT principally maintains that the agency
          misevaluated quotations.

          We deny the protest.

          The RFQ, as amended, contemplated the issuance of a labor hours-based task order
          under the successful vendor's Federal Supply Schedule (FSS) contract. Firms were
          advised that their quotations would be evaluated using price and several non-price
          considerations. The non-price considerations (and their relative weights for
          evaluation purposes) were past performance (30 points), management approach
          (25 points), technical approach (25 points), and skill level of proposed staffing

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