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B-275058.6 1 (1997-04-14)

handle is hein.gao/gaocrptafsz0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision                                 DOCUMENT FOR PUBLIC RELEASE

                                                     A protected decision was issued on the date below
                                                     and was subject to a GAO Protective Order. This
                                                     version has been redacted or approved by the parties
                                                     involved for public release.


             Matter of: AVIATE L.L.C.

             File:        B-275058.6; B-275058.7

             Date:        April 14, 1997

             Paralee White, Esq., and Joseph A. Zillo, Esq., Cohen & White, for the protester.
             James H. Roberts III, Esq., Manatt, Phelps & Phillips, for the intervenor.
             Vincent A. Salgado, Esq., and Kevin E. Love, Esq., National Aeronautics and Space
             Administration, for the agency.
             Denise Benjamin Biddy, Esq., and David R. Kohler, Esq., Small Business
             Administration, for the agency.
             Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. A procuring agency may properly include an allegedly unacceptable proposal in
             the competitive range, where the agency reasonably concludes that the proposal is
             susceptible of being made acceptable and has a reasonable chance of being selected
             for award.

             2. In a negotiated procurement for a task order contract, the procuring agency
             reasonably determined that the awardee's proposed small disadvantaged business
             concern (SDB) participation plan satisfied the solicitation's 40-percent SDB
             participation goal, where the awardee proposed to subcontract 20 percent of the
             contract value to an SDB subcontractor and to subcontract another 20 percent to
             other to-be-determined SDB concerns from a list of candidate firms identified in the
             awardee's proposal or to award the additional 20 percent of the contract work to
             the named SDB subcontractor.

             3. Protest that the procuring agency failed to account in its evaluation for
             20 percent of the contract work that the awardee intended to award to unidentified
             subcontractors is denied, where the awardee's proposal accounted for performance
             of all the contract work to be ordered and the solicitation did not require
             subcontractor commitments.

             4. A protester's mere disagreement with the agency's assessment of weaknesses in
             its proposal regarding its [REDACTED] and its fragmented administrative and
             management structure does not show the agency's evaluationjudgment was unreasonable.

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