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B-292403,B-292403.2 1 (2003-09-10)

handle is hein.gao/gaobacylu0001 and id is 1 raw text is: 


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         G     A    0Comptroller General
 .   . 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:  Accurate Automation Corporation

          File:       B-292403; B-292403.2

          Date:       September 10, 2003

          Tenley A. Carp, Esq., and Karen Yankosky, Esq., McGuireWoods, for the protester.
          Mark D. Colley, Esq., Christopher R. Yukins, Esq., Caitlin K. Cloonan, Esq., and
          Stuart Turner, Esq., Holland & Knight, for Raytheon Company, an intervenor.
          Barry L. Williams, Esq., Department of the Air Force, for the agency.
          Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Under unrestricted solicitation that called for full and open competition with no
          provision for award under small business innovation research (SBIR) program or for
          any other small business preference, there was no basis for agency to afford special
          assistance or differential treatment to small business offeror, notwithstanding
          offeror's erroneous assertion in its proposal that it could be awarded an SBIR
          contract for the requirement.

          2. Agency reasonably evaluated protester's past performance as neutral under
          subcontractor management subfactor where protester lacked relevant subcontractor
          management  experience; the proposed large business subcontractor's past
          performance record in managing subcontractors cannot reasonably be credited to
          small business protester as the prime contractor, notwithstanding alleged
          mentor/prot6g6 agreement between the two, since the evaluation subfactor is
          intended to assess the prime contractor's ability to supervise and control that
          mentor's performance as a major subcontractor.

          3. Agency reasonably determined that the significantly reduced technical and past
          performance risk offered by technically superior proposal warranted the payment of
          the associated evaluated cost premium under a solicitation for a cost reimbursement
          contract for a complex system development program which provided that the
          technical factors were significantly more important than cost.

          4. Award determination, as well as underlying cost/technical tradeoff vis-a-vis
          protester, is unobjectionable even though focused on comparison between

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