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B-266050 1 (1996-01-23)

handle is hein.gao/gaocrptadtz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Criterion Corporation File: B-266050 Date: January 23, 1996 Douglas L. Patin, Esq., Spriggs & Hollingsworth, for the protester. Antonio R. Franco, Esq., Pamela J. Mazza, Esq., and Philip M. Dearborn III, Esq., Piliero, Mazza & Pargament, for Phoenix Systems & Technologies, an interested party. Col. Nicholas P. Retson and Capt. Bryant S. Banes, Department of the Army, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's determination that awardee's proposal was technically superior is denied where, even though protester's proposal received a higher technical score than the awardee's under the past performance technical evaluation factor, the awardee's proposal received significantly higher scores for three of the remaining four technical evaluation factors--which were ranked equally with the past performance technical evaluation factor--resulting in an overall higher technical score for the awardee. 2. Award to higher priced offeror was proper where agency reasonably determined that superior technical merit of the awardee's proposal warranted paying the associated price premium and the solicitation emphasized that technical merit was more important than price. DECISION Criterion Corporation protests the award of a contract to Phoenix Systems & Technology (PS&T) under request for proposals (RFP) No. DAHA30-95-R-0005, issued by Department of the Army for operation and maintenance of the airfield located at Griffiss Air Force Base, Rome, New York. Criterion contends that the agency's determination that PS&T's proposal was technically superior to the protester's is improper since the awardee's past performance is not as strong as the protester's. Criterion also contends that the agency improperly based the contract award solely on technical merit, without regard to price. 52157

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