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B-414766,B-414766.2 1 (2017-09-13)

handle is hein.gao/gaobadtvx0001 and id is 1 raw text is: 



GAO 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 version has been
                                              approved for public release.

Matter of: CR/ZWS LLC

File:     B-414766; B-414766.2

Date:     September 13, 2017

Megan C. Connor, Esq., Ambika J. Biggs, Esq., Julia Di Vito, Esq., and Samuel S.
Finnerty, Esq., Piliero Mazza PLLC, for the protester.
Christopher Lee, for PBP Management Group, Inc., the intervenor.
Captain Ryan P. Payne, and Alexis J. Bernstein, Esq., Department of the Air Force,
for the agency.
Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest alleging that the awardee's proposal should have been rejected as
technically unacceptable is sustained where the record shows that the awardee's
proposal failed to comply with a material requirement of the solicitation.

2. Protest alleging that the awardee's proposal violated the solicitation's subcontracting
limitation clause is denied where the awardee's proposal did not take exception to the
limitation.

3. Protest alleging that the agency, in conducting its tradeoff analysis, failed to consider
discriminators in the offerors' technical proposals is denied where the solicitation stated
that proposals would be evaluated on a pass/fail basis.

4. Protest alleging that the agency, in conducting its tradeoff analysis, relied upon an
arbitrarily determined, maximum acceptable price premium is denied where the record
demonstrates that the agency's maximum acceptable price premium was reasonably
based upon the relative merits of the offerors' proposals.
DECISION

CR/ZWS LLC, an 8(a) small business concern located in Merced, California,
protests the award of a contract to PBP Management Group, LLC (PBP Management),
an 8(a) small business concern located in Wichita, Kansas, under request for
proposals (RFP) No. FA4621-17-R-0002, issued by the Department of the Air Force for

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