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B-404267,B-404267.2 1 (2011-01-25)

handle is hein.gao/gaobadbru0001 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: Applied Technology Systems, Inc. File: B-404267, B-404267.2 Date: January 25, 2011 Adam J. Smith, Esq., and Hilary S. Cairnie, Esq., Baker & Hostetler, LLP, for the protester. S. Lane Tucker, Esq., and John R. Evans, Esq., Stoel Rives, LLP, for Alutiiq Education and Training, LLC, the intervenor. Peter J. Dickson, Esq., Department of Labor, for the agency. Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency was required to assign the maximum possible ratings to protester's proposal under evaluation factors where protester's proposal contained evaluated strengths and no evaluated weaknesses fails to state a valid basis for protest. 2. Protester's assertions that various portions of its proposal that were rated as satisfactory or very good should have received higher ratings reflects protester's mere disagreement with the agency's various judgments, and provides no basis for sustaining the protest. 3. Agency reasonably evaluated protester's proposal as reflecting multiple weaknesses, including the conclusion that protester's proposal provided limited information regarding multiple instances of negative past performance and little insight into how protester intended to improve its prior performance. 4. Where agency led protester into the area of its proposal that required additional information, protester's failure to fully respond to agency's question does not create a requirement for the agency to re-open discussions. DECISION Applied Technology Systems, Inc. (ATSI), of Cleveland, Ohio, protests the Department of Labor's award of a contract to Alutiiq Education and Training, LLC, pursuant to request for proposals (RFP) No. DOLJO9RFP00002 for operation of the

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