About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-402168.4,B-402168.5,B-402168.6 1 (2011-02-09)

handle is hein.gao/gaobadbrs0001 and id is 1 raw text is: G A 0 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: Smiths Detection, Inc.; American Science and Engineering, Inc. File: B-402168.4, B-402168.5, B-402168.6 Date: February 9, 2011 John S. Pachter, Esq., Jonathan D. Shaffer, Esq., Mary Pat Buckenmeyer, Esq., M. Clay Hamrick, Esq., and Richard H. Snyder, Esq., Smith Pachter McWhorter PLC, for Smiths Detection, Inc.; Rand L. Allen, Esq., Kara M. Sacilotto, Esq., John R. Prairie, Esq., Wiley Rein LLP, for American Science and Engineering, Inc., the protesters. Daniel R. Forman, Esq., Puja Satiani, Esq., and Jonathan M. Baker, Esq., Crowell & Moring LLP, for Rapiscan Systems, the intervenor. Christian M. Butler, Esq., Department of Homeland Security, for the agency. Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency should have awarded higher adjectival ratings to protester's proposal, or lower ratings to awardee's proposal, with regard to non-price evaluation factors reflects mere disagreement with the agency's judgments and provides no basis for sustaining the protest. 2. Agency reasonably considered the significance and relevance of awardee's past performance in the context of actions awardee has taken, and is continuing to take, concluding that past performance problems are unlikely to recur. 3. Agency reasonably determined that awardee's proposal was technically superior to protester's where protester failed to propose 2 of 3 capabilities that the solicitation identified as desired, and agency reasonably concluded that protester's proposal offered only marginal advantages regarding other solicitation requirements. 4. In awarding fixed-price contract, agency reasonably complied with solicitation requirement to perform price realism analysis by comparing proposed prices to each other, to prices under an existing indefinite-delivery indefinite-quantity contract for similar items, and to other published prices for similar items.

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most