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

B-265793 1 (1995-12-29)

handle is hein.gao/gaocrptacfc0001 and id is 1 raw text is: 


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

Decision


Matter of: Pressure Technology, Inc.

File:       B-265793

Date:       December 29, 1995

Michael H. Higgins for the protester.
Robert S. Chichester, Esq., Environmental Protection Agency, for the agency.
Katherine I. Riback, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Agency conducted meaningful discussions by apprising the protester of the
significant evaluated weaknesses in its technically acceptable proposal; agency is
not obligated to discuss every aspect of a technically acceptable proposal that
receives less than the maximum score.

2. Protest that agency improperly applied unstated evaluation criterion by
considering offerors' availability of key personnel is denied where proposal was not
downgraded in this regard.

3. Agency reasonably concluded that award should be made to the technically
superior offeror in a best value procurement, notwithstanding the cost premium
involved, where the solicitation stated that technical considerations were more
important than cost and awardee's proposal was considered technically superior to
a less costly proposal.
DECISION

Pressure Technology, Inc. (PTI) protests the award of a contract to EDO
Corporation under request for proposals (RFP) No. C500071T1, issued by the
Environmental Protection Agency (EPA), for improved specific energy pressure
vessels for hybrid vehicle applications. PTI contends that the EPA conducted
inadequate discussions and misevaluated PTI's proposal.

We deny the protest.

The RFP, issued on December 9, 1994, contemplated the award of a cost-plus-fixed-
fee contract for a base year, with a 1-year option. Offerors were instructed to
submit separate technical and cost proposals. The RFP stated that award would be
made to the responsible offeror whose offer conforming to the RFP would be the
most advantageous to the government, cost and other factors considered. Cost was


11131229

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