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B-260778.2 1 (1996-02-12)

handle is hein.gao/gaocrptadpx0001 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: Deployable Hospital Systems, Inc.

File:        B-260778.2; B-260778.3

Date:        February 12, 1996

Michael A. Gordon, Esq., and Fran Baskin, Esq., Holmes, Schwartz & Gordon, for
the protester.
Barbara S. Kinosky, Esq., Bean, Kinney & Korman, for TVI Corporation, an
interested party.
Robert B. Tauchen, Esq., and Gregory H. Petkoff, Esq., Department of the Air Force,
for the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that contracting agency improperly determined that awardee satisfied a
definitive responsibility criterion requiring it to provide evidence of recent sales of
the item being procured or similar items is denied where the agency's determination
that the awardee's recent sales constituted sales of similar items is fully and
reasonably supported.

2. Protest that contracting agency improperly evaluated awardee's financial
capability as part of the technical evaluation by ignoring evidence questioning the
findings of a pre-award survey is denied where the contracting officer considered
this evidence and reasonably determined, notwithstanding that information, that the
firm remained financially capable of performing the contract.

3. Protest asserting disparate treatment and improper evaluation of technical
proposals is denied where the record shows that the evaluation of proposals was
reasonable and consistent with the solicitation's evaluation criteria save for one
aspect, and correction of this aspect of the evaluation in the manner most favorable
to the protester would not affect the reasonableness of the award determination
since, at most, the two offerors would be approximately technically equal; the


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