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B-409720,B-409720.2 1 (2014-07-21)

handle is hein.gao/gaobadqmj0001 and id is 1 raw text is: 




 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.
           D e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Epsilon Systems Solutions, Inc.

           File:       B-409720; B-409720.2

           Date:       July 21, 2014

           David B. Dixon, Esq., S. Douglas Kerner, Esq., Rachel E. Waters, Esq., Buchanan
           Ingersoll & Rooney PC, for the protester.
           Daniel R. Forman, Esq., James G. Peyster, Esq., Derek R. Mullins, Esq., and
           Robert J. Sneckenberg, Esq., Crowell & Moring LLP, and Terence Murphy, Esq.,
           and Patrick H. O'Donnell, Esq., Kaufman & Canoles, P.C., for AMSEC, LLC, the
           intervenor.
           Stephen P. Anderson, Esq., and Rhonda L. Russ, Esq., Department of the Navy,
           Naval Sea Systems Command, for the agency.
           Noah B. Bleicher, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Challenge to assignment of adjectival ratings under two technical subfactors
           based solely on definitions included in the source selection plan is denied because
           source selection plan was not included with the solicitation and is considered an
           internal agency document that does not give rights to outside parties, and record
           shows that agency reasonably considered relative merits in source selection.

           2. Objections to agency's determinations regarding relevancy of past performance
           projects is denied where agency used its broad discretion to make reasonable
           determinations that were consistent with the solicitation.

           3. Protest challenging agency's evaluation of proposed subcontractor's past
           performance is denied where evaluation was reasonable, consistent with the
           solicitation, and within the discretion of the agency evaluators.

           4. Discussions were not misleading where agency warned protester that proposed
           direct labor rates were low based on one salary survey and later found the
           increased rates to be acceptable based on additional metrics.

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