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B-258322.5 1 (1995-03-09)

handle is hein.gao/gaocrptabyz0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                        REDACTED DECISION
                                                A poteteddeisin ws isud o  th  dae  elow and
                                         was subject to a GAO Protective Order. This version has
                                         been redacted or approved by the parties involved for
                                         public release.

Matter of: TRESP Associates, Inc.; Advanced Data Concepts, Inc.

File:        B-258322.5; B-258322.6

Date:        March 9, 1995

Mary Beth Bosco, Esq., Timothy B. Mills, Esq., and Christy L. Gherlein, Esq., Patton
Boggs, L.L.P., for TRESP Associates, Inc.; and Cyrus E. Phillips IV, Esq., Keck,
Mahin & Cate, for Advanced Data Concepts, Inc., the protesters.
Joel R. Feidelman, Esq., Deneen J. Melander, Esq., and Brian D Henretty, Esq.,
Fried, Frank, Harris, Shriver & Jacobson, for M.H. Chew & Associates, Inc., an
interested party.
Ronald E. Cone, Esq., and Richard S. Blakely, Esq., Department of Energy, for the
agency.
Sylvia Schatz, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Evaluation of protester's proposal was unreasonable where agency identified
weaknesses during discussions, protester addressed the weaknesses, and record
indicates that many of the weaknesses were thereby eliminated, but proposal rating
was not increased at all and record does not explain why increase was not
warranted.

2. Cost/technical tradeoff was unreasonable where agency selected higher-cost
proposal for award over lower-cost, similarly rated proposal based primarily on
awardee's ability to respond more quickly on short notice, and the fact that
awardee's initial proposal contained fewer weaknesses, purportedly indicating better
understanding of requirement, and selection is not supported by the record.
Finding that awardee had the ability to respond more quickly was based largely on
source selection official's general recollection of the two firms' prior performance,
which is not documented in either the contemporaneous or protest records; and
record contains no explanation, and it is not apparent, why the types of weaknesses
identified bear on understanding and, in any case, awardee's initial proposal was
evaluated similarly to protester's.


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