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B-409169.3,B-409169.4 1 (2014-06-16)

handle is hein.gao/gaobadqjm0001 and id is 1 raw text is: 




         G    A     O                                                   Comptroller General
       Accountabilty * 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.
         D e c i s i o n                            L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   H P Enterprise Services, LLC

         File:        B-409169.3; B-409169.4

         Date:        June 16, 2014

         Kevin J. Maynard, Esq., Rand L. Allen, Esq., W. Barron A. Avery, Esq., and Gary S.
         Ward, Esq., Wiley Rein LLP, for the protester.
         David S. Cohen, Esq., John J. O'Brien, Esq., Gabriel E. Kennon, Esq., and Amy J.
         Spencer, Esq., Cohen Mohr LLP, for XTec, Inc., the intervenor.
         Paul B. Oman, Esq., and Joshua Bartz, Esq., Department of Homeland Security, for
         the agency.
         Nora K. Adkins, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the acceptability of the awardee's proposed technical
         solution is denied where record demonstrates that the agency reasonably found that
         the awardee's proposed technical solution demonstrated compliance with the
         solicitation requirements.

         2. Protest challenging the agency's evaluation of the awardee's price is denied
         where the agency reasonably concluded that the awardee's price was accurate,
         complete, and reasonable in accordance with the solicitation, and where the
         solicitation did not require a price realism analysis.

         3. Protest asserting that the agency's pre-award communications with the awardee
         constituted unequal discussions is denied where the exchanges were not essential
         to determine the acceptability of the awardee's proposal, and did not provide the
         awardee an opportunity to materially revise or modify its proposal.

         4. Protest challenging the agency's analysis of whether the awardee had an
         organizational conflict of interest is denied where the protester does not allege hard
         facts which indicate the existence of a conflict.

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