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B-292602,B-292602.2 1 (2003-10-21)

handle is hein.gao/gaobacynj0001 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:  ManTech Environmental Research Services Corporation

         File:        B-292602; B-292602.2

         Date:        October 21, 2003

         Devon  E. Hewitt, Esq., John E. Jensen, Esq., and Jennifer M. De Jesus, Esq., Shaw
         Pittman, for the protester.
         Richard L. Moorhouse, Esq., L. James D'Agostino, Esq., and Natalia W. Geren, Esq.,
         Reed  Smith, for Shaw Environmental, Inc., an intervenor.
         Thomas  J. Doherty, Esq., Environmental Protection Agency, for the agency.
         Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         1. Where agency performed cost/technical tradeoff, selecting awardee's higher-
         priced proposal on the basis of perceived technical superiority, as reflected in point
         scores, protest challenging that cost/technical tradeoff is sustained where agency's
         contemporaneous  evaluation record reflects evaluation errors which the agency
         acknowledges  might have resulted in improperly doubling the awardee's perceived
         technical point margin.

         2. Where evaluation record supporting cost/technical trade-off is materially flawed,
         and perceived technical superiority of awardee's higher-priced proposal, as reflected
         by technical point scores, is dramatically reduced by correction of procurement
         flaws, agency's post-protest confirmation of its prior cost/technical tradeoff,
         conducted in the heat of an adversarial process, does not provide credible support
         for the agency's assertion that protester was not prejudiced by the evaluation flaws.
         DECISION

         ManTech  Environmental Research Services Corporation protests the Environmental
         Protection Agency's (EPA) award of a contract to Shaw Environmental, Inc. under
         request for proposals (RFP) No. PR-CI-02-1291/0111 to provide on-site technical

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