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B-291878 1 (2003-04-08)

handle is hein.gao/gaobacygw0001 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
Washington, DC 20548



         Decision


         Matter  of: Pride Mobility Products Corporation

         File:       B-291878

         Date:       April 8, 2003

         Scott Marcus for the protester.
         Phillipa L. Anderson, Esq., Department of Veterans Affairs, for the agency.
         Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency reasonably determined that the protester's motorized scooters were
         technically unacceptable because they failed to timely stop and were thus unsafe.
         DECISION

         Pride Mobility Products Corporation protests the determination by the Department
         of Veterans Affairs that its motorized scooters were technically unacceptable under
         request for proposals (RFP) No. RFP-797-NC-03-0008. Pride challenges the agency's
         findings that its three-wheel and four-wheel Victory scooters were slow to stop and
         thus were unsafe.

         We  deny the protest.

         The RFP, issued November 8, 2002, provided for the award of a requirements
         contract, for a base year with four 1-year options. Award was to be made, without
         discussions, to the offeror whose offer conforming to the solicitation will be most
         advantageous to the Government, price and other factors considered. The
         evaluation factors, listed in descending order of importance, were technical, price,
         quality/past performance, and small disadvantaged business participation.
         RFP  at 32.

         Under the technical factor, the agency was to evaluate the following subfactors:
         stability and safety, ease of loading into a car, performance, modification options,
         quality of wheels, durability, ease of use, specified test results, and comfort. A rating
         of poor under stability and safety will result in the offer being rejected [and] [t]he
         remaining evaluation [sub]factors will not be considered. RFP at 32.

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