About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-416420 1 (2018-08-24)

handle is hein.gao/gaobadvbl0001 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
Decision                                         The decision issued on the date below was subject to
                                                 a GAO Protective Order. This redacted version has
                                                 been approved for public release.

Matter of:   Delta Risk, LLC

File:        B-416420

Date:        August 24, 2018

Douglas P. Hibshman, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP,
for the protester.
Daniel E. Chudd, Esq., James A. Tucker, Esq., and Lauren J. Horneffer, Esq.,
Morrison & Foerster LLP, for G2, Inc., the intervenor.
Jonathan Baker, Esq., Department of Commerce, 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 challenging the agency's technical evaluation and its decision to exclude the
protester's proposal from the competitive range is denied where the record shows that
the decision was reasonable, and there is no evidence that the protester was prejudiced
by any alleged evaluation errors.

2. Protest alleging that the establishment of the competitive range was improper is
denied where the solicitation expressly provided that the agency reserved the right to
initiate discussions if necessary.

3. Protest challenging the scope of the agency's corrective action is dismissed as
untimely where the protester waited to file its protest until after the completion of the
corrective action.

4. Protest alleging that awardee's pricing is unbalanced is dismissed where the
protester fails to make the threshold showing that one or more of the awardee's prices
was overstated.

5. Protest alleging that awardee's pricing is unrealistically low is dismissed where the
protester fails to allege that the solicitation provided for a price realism evaluation.

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:

Already a HeinOnline Subscriber?

profiles profiles most