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Patricia A. Thompson — Agency Tender Official, B-310910.4, January 22, 2009

  • January 22, 2009
  • Ambiguity in SolicitationTimeliness of Protest

Link: GAO Opinion Agency: Department of the Air Force Disposition: Protest dismissed in part, denied in part. __________________________________________________________________________________________________________________ GAO Digest: Where agency responded to earlier protest, in which the agency tender official (ATO) challenged the adequacy of the solicitation’s workload information, by stating that it would provide additional workload data, and earlier protest was withdrawn,

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Convergys Corporation, B-400744, January 21, 2009

  • January 21, 2009
  • Technical Acceptability

Link: GAO Opinion Agency: Department of Housing and Urban Development Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: Protest that contracting agency unreasonably evaluated quotation as technically unacceptable is denied where the record shows that the evaluation was reasonable and consistent with the solicitation’s evaluation criteria. General Counsel P.C. Highlight: Convergys argues that the agency unreasonably interpreted

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Panacea Biotec, Inc., B-400776, January 21, 2009

  • January 21, 2009
  • Competitive RangePast Performance

Link: GAO Opinion Agency: Department of Health and Human Services Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: Agency reasonably excluded the protester’s proposal from the competitive range, where the agency reasonably determined that the protester’s proposal contained major and significant weaknesses and deficiencies, such that the proposal was found to be unacceptable, would require major revisions

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Gary Johnson — Designated Employee Agent, B-310910.3, January 21, 2009

  • January 21, 2009
  • Designated Employee AgentInterested PartyOMB Circular A-76

Link: GAO Opinion Agency: Department of the Air Force Disposition: Protest dismissed. _________________________________________________________________________________________________________________ GAO Digest: Designated Employee Agent is not an interested party to protest actions other than agency’s final selection of the source of performance with regard to a public-private competition conducted pursuant to Office of Management and Budget Circular A-76 that was initiated

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Cambridge Systems, Inc., B-400680; B-400680.3, January 8, 2009

  • January 18, 2009
  • Competitive RangeDiscussionsSmall Business Set-Asides

Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: Agency’s decision to establish a revised competitive range and conduct discussions with small business concerns whose proposals were deemed the most highly rated rather than withdraw the set-aside and reissue the solicitation on an unrestricted basis was reasonable under the circumstances;

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Orion Management, LLC, B-400680.2, January 15, 2009

  • January 15, 2009
  • Competitive Range

Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. ___________________________________________________________________________________________________________________ GAO Digest: Protest is denied where protester fails to demonstrate that agency’s evaluation of proposal as technically marginal with moderate risk and agency’s exclusion of proposal from revised competitive range on that basis were unreasonable. General Counsel P.C. Highlight: Orion protests the exclusion

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Herley Industries, Inc., B-400736.2, January 15, 2009

  • January 15, 2009
  • Past Performance

Link: GAO Opinion Agency: Department of the Navy Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: Protest that agency improperly failed to consider past performance of an affiliated subsidiary company is denied where the record shows that, even if considered, the past performance information offered was incomplete, and the agency’s past performance rating of neutral was therefore

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Cherokee Painting LLC, B-311020.3, January 14, 2009

  • January 14, 2009
  • Unbalanced Pricing

Link: GAO Opinion Agency: Department of the Air Force Disposition:  Protest denied. __________________________________________________________________________________________________________________ GAO Digest: Protest that agency should have rejected awardee’s proposal for offering unbalanced prices is denied where awardee’s price was low overall and agency considered risk of high and low line item prices for contract performance and reasonably determined that awardee’s pricing

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Granite Construction Company, B-400706, January 14, 2009

  • January 14, 2009
  • Small Business Subcontracting Goals

Link: GAO Opinion Agency: Department of the Navy Disposition:  Protest denied. _________________________________________________________________________________________________________________ GAO Digest: Protest challenging evaluation of protester’s technical proposal as unacceptable is denied where record demonstrates agency reasonably concluded that protester’s offered small business subcontracting plan did not meet the solicitation’s subcontracting requirements or provide sufficient rationale supporting its lower goals; protester’s arguments

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Tiger Truck, LLC, B-400685, January 14, 2009

  • January 14, 2009
  • Trade Agreement Act

Link: GAO Opinion Agency: General Services Administration Disposition: Protest sustained. _________________________________________________________________________________________________________________ GAO Digest: In a procurement covered by the Trade Agreements Act (TAA), protest of an award to a vendor whose quotation identified products that were not TAA-compliant is sustained, where the agency failed to follow required evaluation procedures for TAA procurements, improperly failed to

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