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B-400406,B-400406.2 1 (2008-10-28)

handle is hein.gao/gaobadatz0001 and id is 1 raw text is: 




         G     A     0                                                 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:  SPAAN  Tech, Inc.

          File:        B-400406; B-400406.2

          Date:        October 28, 2008

          Marc Van Allen, Esq., Kathy C. Weinberg, Esq., and Damien C. Specht, Esq., Jenner &
          Block LLP, for the protester.
          H. Jack Shearer, Esq., Kimberly M. Donham, Esq., and Young H. Cho, Esq.,
          Department  of Energy, for the agency.
          Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Agency's determination to not include protester's lower technically rated, higher
          cost proposal in the competitive range--even though agency determined that two of
          the three higher technically rated offerors whose proposals were included in the
          range did not fully substantiate their indirect rates--was unobjectionable where
          agency otherwise reasonably concluded that protester's proposal was not among the
          most highly rated offers.
          DECISION

          SPAAN  Tech, Inc. of Chicago, Illinois protests the exclusion of its proposal from the
          competitive range under request for proposal (RFP) No. DE-RPO2-08CH 11469, issued
          by the Department of Energy (DOE) for technical support services.

          We deny the protest.

          The RFP provided for the award of a cost-plus-award-fee contract for technical
          support services with respect to such areas as the environment, safety, health
          facilities, and project and program management. The solicitation stated that award
          would be made  on a best value basis, considering cost and the following weighted
          technical evaluation factors: technical understanding/approach (25%); management
          approach (30%); personnel qualifications/availability (25%); relevant corporate
          experience (10%); and past performance (10%). RFP §§ M.2, M.3. The technical
          evaluation factors were stated to be significantly more important than cost.

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