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B-422757,B-422757.3,B-422757.5 Oct 18, 2024 1 (2024-10-18)

handle is hein.gao/gaoqzw0001 and id is 1 raw text is: 



                    U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                             DOCUMENT   FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
                                           a GAO Protective Order. This version has been
Decision                                   approved for public release.


Matter of:   IBSS Corporation

File:     B-422757; B-422757.3; B-422757.5

Date:     October 18,   2024

Ryan  C. Bradel, Esq., Chelsea A. Padgett, Esq., and Camille Chambers, Esq., Ward &
Berry, PLLC, for the protester.
Jonathan D. Shaffer, Esq., Zachary D. Prince, Esq., and Jonathan K. Keller, Esq.,
Haynes  and Boone, LLP, for Blue Glacier Management Group, Inc., the intervenor.
Jeremiah Kline, Esq., and Michael C. Ahl, Esq., Department of Commerce, for the
agency.
Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's evaluation of the awardee's staffing plan pursuant
to Federal Acquisition Regulation (FAR) provision 52.222-46 is sustained where the
agency failed to meaningfully evaluate the awardee's proposed compensation that was
lower than the compensation from the predecessor contract, as required by the terms of
the provision.

2. Protest challenging agency's evaluation of the protester's staffing plan pursuant to
FAR  provision 52.222-46 is denied where the record demonstrates the agency
reasonably assessed the protester's proposal a rating of low confidence.

3. Protest alleging awardee engaged in a bait and switch of key personnel is
dismissed where the protest does not sufficiently allege that the awardee knowingly or
negligently represented that it intended to rely on personnel who would not be available
to perform under the contract.

4. Protest alleging agency engaged in unequal discussions with the awardee and
subsequently improperly evaluated the awardee's revised pricing is denied where the
agency's conduct of exchanges and subsequent evaluation were consistent with the
terms of the solicitation and otherwise reasonable.

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