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B-404724,B-404724.3 1 (2010-04-19)

handle is hein.gao/gaobadoxi0001 and id is 1 raw text is: 


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                         G  A  0Comptroller General
.     Ln 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.
                                                     L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .--

           Decision

           Matter of: Lockheed Martin Corporation

           File:       B-404724; B-404724.3

           Date:       April 19, 2010

           Marcia G. Madsen, Esq., David F. Dowd, Esq., Polly A. Myers, Esq., and Luke
           Levasseur, Esq., Mayer Brown LLP; and Bucky P. Mansuy, Esq., Lockheed Martin
           Corp., for the protester.
           Richard J. Conway, Esq., Michael J. Slattery, Esq., Amba Mitra Datta, Esq., and Pablo
           Nichols, Esq., Dickstein Shapiro LLP, for HP Enterprise Services, LLC, the
           intervenor.
           Vincent A. Salgado, Esq., National Aeronautics and Space Administration, for the
           agency.
           John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. Agency's evaluation of two aspects of the awardee's proposal as constituting
           weaknesses rather than deficiencies was reasonable where the record
           demonstrates that the agency was fully aware of and understood the awardee's
           approach and considered the potential impact of these aspects of the awardee's
           approach on the successful performance of the contract in a manner that was
           consistent with the terms of the solicitation.

           2. Agency's evaluation of the awardee's price proposal is unobjectionable where the
           record evidences that the agency's determination that it had high confidence in the
           awardee's ability to perform the contract at the prices proposed was reasonably
           based and consistent with the terms of the solicitation.

           3. Agency was not required to inform the protester during discussions that certain of
           its proposed prices and its overall price were higher than the government's estimate,
           and higher than the awardee's proposed price, where the agency did not consider the
           awardee's proposed prices to be unreasonable given its technical approach.

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