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

B-178205 1 (1975-07-15)

handle is hein.gao/gaobadclu0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL ME CSION . ' . OF THE UNITEO STATES WASHINGTON. D.C. 20549 FILE: B-178205 DATE: July 15,1975 MATTER1 OF: PRC Computer Center, Inc.; On-Line Systems, Inc.; Remote Computing Corporation; Optimum Systems, Inc. DIGEST: A 1. Validity of award by Federal Energy Administration for dedicated automatic data processing (ADP) services through facilities management contract was not affected by Brooks Act, 40 U.S.C 759, and implementing regulations and policies, because FEA was entitled to rely on authorizations to proceed with procurement given by 0MB and GSA after reviews of solici- tation and FEA's cost and other justifications. Also, provi- sions of OM Circular No. A-54 and FMC 74-5 concerning ADPE acquisitions are ordinarily executive branch policy matters not for resolution by GAO. 2. Agency's elimination of incumbent contractor from competitive range had reasonable basis. Totality of many allegedly informational deficiencies made proposal so materially deficient that it could not be made acceptable except by major revisions and additions. Incumbent's low proposed estimated costs did not have to be considered since proposal was found to be totally technically unacceptable. There is no basis for favoring incumbent in competitive range determina- tion with presumptions based merely on prior satisfactory service, since proposal must demonstrate compliance with.essential RFP requirements. 3. Although use of predetermined cut-off score to establish competitive range is not in accord with sound procurement practice, it is not prejudicial to offeror eliminated from competitive range in view of offeror's low technical score of 44.8 points on 100-point scale in relation to scores of proposals included in competitive range (96.3, 92.1 and 88.2). 4. Recognizing that low cost estimates should not be accepted at face value and that agency should make independent cost projection of estimated costs, agency's determination, after cost analysis, that successful offeror's proposed low estimated costs for cost-plus-award-fee contract for automatic data processing services were realistic, was reasonable, notwithstanding lack of complete explanation of why proposed costs were substantially less than those'of protester, who offered similar computer configuration. PtUGZHEDDECISION 55 Comp. Gen......

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