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

B-274389 1 (1996-12-06)

handle is hein.gao/gaocrptaelx0001 and id is 1 raw text is: 


oComptroller 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: Israel Aircraft Industries, Ltd., MATA Helicopters Division

              File:       B-274389; B-274389.2; B-274389.3

              Date:       December 6, 1996

              Howard J. Stanislawski, Esq., Gary P. Quigley, Esq., and Richard L. Larach, Esq.,
              Sidley & Austin, for the protester.
              Irvin Becker, Esq., for Lear Astronics Corporation, the intervenor.
              Joshua A. Kranzberg, Esq., and Tina Marie Pixler, Esq., Department of the Army, for
              the agency.
              Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
              Counsel, GAO, participated in the preparation of the decision.
              DIGEST

              1. In a negotiated procurement with a stated best value evaluation plan, a
              contracting agency reasonably may assign a technically acceptable proposal fewer
              than the maximum possible evaluation score where such rating is reasonable and
              consistent with the evaluation methodology applied to all proposals.

              2. Enhanced safety of a proposed auxiliary fuel monitoring system for a helicopter,
              when considered in a source selection decision, is not an unstated evaluation factor
              where, although not specifically stated as a factor, it is intrinsic to various stated
              evaluation factors.

              3. Agency's identification of advantages in a proposal is not improper, even where
              solicitation does not state that agency will identify advantages in addition to
              numerically rating proposals, since source selection officials in best value
              procurements may always consider such information when analyzing numerical
              ratings.

              4. Agency reasonably may evaluate an offer as posing a higher past performance
              risk than other offers where the offeror's performance history as stated in the
              proposal or otherwise obtained by the agency during evaluations is less relevant to
              the solicited requirement than that of the offerors rated as having a low
              performance risk.

              5. Selection of a higher priced, higher rated offeror under a procurement where
              non-price factors are more important than price is reasonable where the source

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