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B-299457 1 (2007-05-23)

handle is hein.gao/gaocrptauev0001 and id is 1 raw text is: A 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. Decision Matter of: Apptis, Inc. File: B-299457; B-299457.2; B-299457.3 Date: May 23, 2007 Richard J. Conway, Esq., Robert J. Moss, Esq., Charlotte Rothenberg Rosen, Esq., and Joseph R. Berger, Esq., Dickstein Shapiro LLP, for the protester. David R. Hazelton, Esq., Kyle R. Jefcoat, Esq., Ali I. Ahmad, Esq., Roger S. Goldman, Esq., and Andrew B. Stein, Esq., Latham & Watkins LLP, for ViON Corporation, an intervenor. Stephanie A. Kreis, Esq., Defense Information Systems Agency, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Post-closing time protest that evaluator who is not a government employee has an impermissible conflict of interest is untimely where the solicitation informed offerors of the agency's intent to use the evaluator and the protester was aware of the factual basis of the evaluator's alleged conflict of interest prior to closing time. 2. Agency's evaluation of offerors' proof of concept demonstrations cannot be determined to be reasonable where the record lacks adequate documentation supporting the evaluators' findings. 3. Agency's consideration of an offeror's record of past performance as part of assessing technical approach risk was improper where past performance was not relevant and reasonably related to technical approach risk as defined in the solicitation. 4. Agency's discussions with protester were not meaningful where the agency found significant weaknesses in the protester's proposal but failed to identify them during discussions and give the firm the opportunity to comment on adverse past performance information to which it previously had not had an opportunity to respond.

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