About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-287019.2 1 (2001-09-14)

handle is hein.gao/gaocrptamog0001 and id is 1 raw text is: 




         G    A     O0                                                Comptroller General
             A a * Integrity Reliability                               of the United States
 ~ccountabthty Inert Rea iy
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: S3 LTD

          File:       B-287019.2; B-287019.3; B-287021.2; B-287021.3

          Date:       September 14, 2001

          Robert A. Klimek, Esq., Nicholas H. Cobbs, Esq., and Darrell Craft, Esq., Klimek,
          Kolodney & Casale, for the protester.
          Daniel R. Weckstein, Esq., Michael L. Sterling, Esq., Walter T. Camp, Esq., and David
          W. Lannetti, Esq., Vandeventer Black, for MANCON, Inc., an intervenor.
          Philip E. Adams, Esq., Department of the Navy, Naval Supply Systems Command, for
          the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest contention that an agency conducted misleading discussions by orally
          changing the terms of the solicitation is denied because, even if the agency made the
          claimed change, offerors cannot reasonably rely on an oral modification to a
          solicitation which is inconsistent with its written terms, absent a written
          amendment, or confirmation of the modification, as required by Federal Acquisition
          Regulation § 15.206(f).

          2. Protester's assertion that an awardee's outstanding past performance rating is
          unreasonable as it was partially based on the responses of an agency reference who
          provided a photocopy of identical performance ratings and narrative responses as an
          answer to a request for his assessment of the awardee's performance under each of
          four separate contracts is denied where the record shows that, while the reference's
          approach was less than ideal, his answers were consistent with the answers of other
          references, and consistent with his responses in a telephonic interview conducted by
          the contract specialist, and where there is no showing that the photocopied
          responses were inaccurate for any of the four contracts.
          DECISION

          S3 LTD protests the award of two contracts to MANCON, Inc., by the Department of
          the Navy's Fleet and Industrial Supply Center, Jacksonville, Florida, pursuant to
          requests for proposals (RFP) Nos. N68836-00-R-0012 and N68836-00-R-0025, for
          personnel support services. S3 argues that the Navy failed to hold meaningful

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most