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B-272526 1 (1996-10-21)

handle is hein.gao/gaocrptaejk0001 and id is 1 raw text is: 


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

Decision



Matter of: Hughes Georgia, Inc.

File:       B-272526

Date:        October 21, 1996

Michael A. Hordell, Esq., and Laura L. Hoffman, Esq., Gadsby & Hannah, for the
protester.
William C. Herrmann, Esq., for Ainslie Corporation, an intervenor.
Major David P. Harney and Nancy Holzwanger, Esq., Department of the Army, for
the agency.
Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that agency improperly failed to perform technical evaluation is denied
where the only stated evaluation criteria were price and past performance risk.

2. Protest that agency improperly referred agency determination of small business
offeror's lack of production capability to Small Business Administration for
consideration under certificate of competency procedures is denied where
inadequate production capability was the basis of the agency's nonresponsibility
determination and was not part of the technical evaluation.

3. In solicitation for fixed-price contract in which evaluation scheme provided for
use of price analysis techniques, agency reasonably concluded that awardee's prices
were reasonable based on comparison of competitive offers, prior contracts for the
same items, and independent government estimate.

4. In procurement where price is more important than past performance risk,
price/technical tradeoff is unobjectionable where agency reasonably concludes that
low past performance risk rating is not worth significant price premium
(22 percent) and awards to low-price offeror with neutral past performance rating.
DECISION

Hughes Georgia, Inc. protests the award of a contract to Ainslie Corporation under
request for proposals (RFP) No. DAAHO1-96-R-0020, issued by the U.S. Army Missile
Command (MICOM) for TOW missile night sights. Hughes contends that the


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