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B-410485,B-410485.2,B-410485.3 1 (2015-01-05)

handle is hein.gao/gaobadqwo0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * 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.
         D e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Sierra Nevada Corporation

         File:        B-410485; B-410485.2; B-410485.3

         Date:        January 5, 2015

         Neil H. O'Donnell, Esq., Patricia A. Meagher, Esq., Dennis J. Callahan, Esq., Jeffery
         M. Chiow, Esq., Lauren B. Kramer, Esq., Lucas T. Hanback, Esq., Katherine L.
         Pohl, Esq., and Robert S. Metzger, Esq., Rogers Joseph O'Donnell, PC, for the
         protester.
         Scott M. McCaleb, Esq., Paul F. Khoury, Esq., Jon W. Burd, Esq., Samantha S.
         Lee, Esq., and Gary S. Ward, Esq., Wiley Rein LLP, and Padraic B. Fennelly, Esq.,
         Suzette W. Derrevere, Esq., and Stephen J. Cowen, Esq., The Boeing Company,
         for The Boeing Company; and Richard J. Vacura, Esq., Pablo A. Nichols, Esq.,
         Steven W. Cave, Esq., Catherine L. Chapple, Esq., and Keric B. Chin, Esq.,
         Morrison & Foerster LLP, for Space Exploration Technologies, the intervenors.
         Karen M. Reilley, Esq., Alexander T. Bakos, Esq., Brian M. Stanford, Esq., Steven
         G. Horn, Esq., James T. Mahoney, Esq., and Bradley W. Smith, Esq., National
         Aeronautics and Space Administration, for the agency.
         Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that the agency improperly elevated the importance of a solicitation goal
         to a de facto requirement is denied where the evaluation was consistent with the
         stated criteria.

         2. Protest challenging the agency's determination that the awardee's fixed price
         was realistic is denied where the agency reasonably considered various factors
         supporting the awardee's low price.

         3. Protest of the agency's technical evaluation is denied where the evaluation was
         reasonable, consistent with the stated criteria, and not unequal.

         4. Protest of the agency's past performance evaluation is denied where the agency
         conducted a reasonable evaluation of the offeror's past performance references,
         and gave effect to all elements of the evaluation set forth in the RFP.

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