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B-414401 1 (2017-06-05)

handle is hein.gao/gaobadtmy0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Glock, Inc. File: B-414401 Date: June 5, 2017 John F. Renzulli, Esq., Scott C. Allan, Esq., and Michael R. Patrick, Esq., Renzulli Law Firm, LLP, for the protester. W. Jay DeVecchio, Esq., Ethan E. Marsh, Esq., James A. Tucker, Esq., Kevin P. Mullen, Esq., R. Locke Bell, Esq., and Cynthia 0. Akatugba, Esq., Morrison & Foerster LLP, for the intervenor, Sig Sauer, Inc. Wade L. Brown, Esq., and Jason Guiliano, Esq., Department of the Army, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the solicitation required the agency to make at least two awards after the initial evaluation phase is denied, where the solicitation did not require this outcome. Instead, the agency reasonably determined that a single award was in the best interest of the government, where proposals were technically proximate and the protester's proposed price was substantially higher than the awardee's price. 2. Protest that the agency failed to complete the second phase evaluation is dismissed as premature, where the record shows that the agency has properly awarded only those portions of the contract awardable under the first phase of the evaluation. 3. Protest that the agency unequally evaluated proposals by waiving an evaluation subfactor for the awardee's design is denied, where the waiver was not prejudicial to the protester. 4. Protest that the agency's evaluation of proposals was flawed is denied, where any errors were not prejudicial to the protester. DECISION Glock, Inc., of Smyrna, Georgia, protests the decision by the Department of the Army, Army Contracting Command, not to award it a contract under request for proposals

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