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B-417668.3,B-417668.4,B-417668.5 1 (2020-06-10)

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GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States



                                                    DOCUMENT FOR PUBLIC RELEASE
Decision                                          The decision issued on the date below was subject to
                                                  a GAO Protective Order. This redacted version has
                                                  been approved for public release.
Matter of:   Avar Consulting, Inc.

File:     B-417668.3; B-417668.4; B-417668.5

Date:        June 10, 2020

Jeffery M. Chiow, Esq., Stephen L. Bacon, Esq., Deborah N. Rodin, Esq., and Eleanor
M. Ross, Esq., Rogers Joseph O'Donnell, PC, for the protester.
Erin M. Estevez, Esq., and Pablo A. Nichols, Esq., Cooley LLP, for TelaForce, LLC, the
intervenor.
Jose Otero, Esq., and Virginia Ackerman, Esq., Department of Labor, for the agency.
Alexander 0. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's award of a contract based on a proposal that the
offeror subsequently revised is denied where the agency revived prior proposals in an
even-handed manner that did not prejudice the competitive system.

2. Protest alleging that awardee's proposal contained material misrepresentations is
denied where the statements did not rise to the level of misrepresentations and where
the alleged misrepresentations were not relied upon in the agency's evaluation.

3. Protest challenging past performance evaluation is denied where the agency
reasonably evaluated the awardee's past performance in accordance with the stated
evaluation criteria.
DECISION

Avar Consulting, Inc., a small business located in Rockville, Maryland, protests the
award of three contracts to TelaForce, LLC, a small business located in Niceville,
Florida, under request for proposals (RFP) No. 1625DC-1 7-R-00003, issued by the
Department of Labor (DOL) for employment data collection and processing services.
The protester argues that the agency improperly revived TelaForce's extinguished
proposal, engaged in unequal discussions, unreasonably evaluated past performance
and experience, and overlooked material misrepresentations in the awardee's proposal.


We deny the protest.