About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-298772.2 1 (2007-01-25)

handle is hein.gao/gaocrptaubq0001 and id is 1 raw text is: 




A         G    A     O                                                   Comptroller General
.       Accountability * Integrity * Reliability                          of the United States
United States Government Accountability 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: Freedom Lift Corporation

           File:        B-298772.2

           Date:       January 25, 2007

           Huey P. Cotton, Esq., Cozen O'Connor, for the protester.
           Scott M. Heimberg, Esq., Thomas P. McLish, Esq., Andrea T. Vavonese, Esq., and
           Lauren R. Bates, Esq., Akin Gump Strauss Hauer & Feld LLP, for Bruno Independent
           Living Aids, Inc., an intervenor.
           Maura C. Brown, Esq., Department of Veterans Affairs, for the agency.
           Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
           General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. Contracting officer did not act inconsistently in selecting lower-rated,
           lower-priced item for award under one line item and higher-rated, higher-priced item
           for award under another where price/technical trade-off considerations pertaining to
           the two line items were distinct.

           2. Under solicitation for wheelchair/scooter lifts to be installed in motor vehicles
           used by mobility-impaired veterans, protest that specification requiring that lifts be
           capable of lifting 350 pounds should be interpreted as requiring that lifts be capable
           of lifting 350 pounds on majority of vehicles owned by mobility-impaired veterans is
           denied where solicitation contained no language indicating that compliance with
           specification was required in a majority--or in any specific percentage--of vehicles.
           DECISION

           Freedom Lift Corporation protests the award of line items 2, 5, and 7 to Bruno
           Independent Living Aids, Inc. under request for proposals (RFP) No. 797-NC-05-0009,
           issued by the National Acquisition Center of the Department of Veterans Affairs (VA)
           for wheelchair lifts and carriers, and scooter lifts.' The protester contends that the

           1 While Freedom Lift protested the award of line item 8 in addition to the above items
           in an agency-level protest that it pursued prior to protesting to our Office, we did not
           consider its protest to our Office to raise an objection to the award of item 8. The
           agency also interpreted the protest as failing to raise an objection to the award of
                                                                               (continued...)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most