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B-291620.2,B-291620 1 (2003-02-03)

handle is hein.gao/gaobacyfs0001 and id is 1 raw text is: 


   I

          G     A    0Comptroller General
A-      Accountability * Integrity * Reliability                       of the United States
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:  SAMS  El Segundo, LLC

           File:       B-291620; B-291620.2

           Date:       February 3, 2003

           William A. Roberts III, Esq., David M. Southall, Esq., Jonathan L. Kang, Esq., and
           Phillip H. Harrington, Esq., Wiley Rein & Fielding, for the protester.
           Eric J. Marcotte, Esq., and Scott A. Schipma, Esq., Winston & Strawn; and Mark R.
           Hartney, Esq., Allen Matkins Leck Gamble & Mallory, for LA Air Force Base SMC,
           LLC, an intervenor.
           John D. Inazu, Esq., and James A. Harley, Esq., Department of the Air Force, 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. General Accounting Office has bid protest jurisdiction to consider protest where,
           notwithstanding the concomitant sale of government real property, the transaction
           includes the procurement of property or services by the government.

           2. Protest that contracting agency improperly evaluated selected offeror's technical
           proposal is denied where the record shows that the evaluation was reasonable and
           consistent with the stated evaluation criteria.

           3. Where solicitation provides for evaluation of past performance on the basis of
           projects completed within the 5 years preceding the closing date for receipt of
           proposals, agency properly elected not to consider selected offeror's past
           performance outside this 5-year period.

           4. Protest challenging agency's source selection decision is denied where the record
           shows that the decision was reasonable and consistent with the stated best value
           evaluation criteria; the source selection authority reasonably determined that the
           proposals were technically equal, notwithstanding the assigned evaluation ratings,
           and that the selected offeror's proposal represented a lower overall cost to the
           government.

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