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B-274823 1 (1997-01-08)

handle is hein.gao/gaocrptafro0001 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: Liebert Federal Systems, Inc. File: B-274823 Date: January 8, 1997 Brian J. Donovan, Esq., Peter B. Jones, Esq., and Toni L. DeGasperin, Esq., Jones & Donovan, for the protester. Marc F. Efron, Esq., Paul Shnitzer, Esq., John E. McCarthy, Jr., Esq., Raymond F. Monroe, Esq., and Cheryl A. Soloman, Esq., Crowell & Moring LLP, for Exide Electronics Corporation, the intervenor. Gregory H. Petkoff, Esq., Maj. Mark R. Land, John E. Lariccia, Esq., and George W. Holliday, Esq., Department of the Air Force, for the agency. Susan K McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency waived mandatory technical requirements (regarding commercial availability and Underwriters Laboratory (UL) certification of products) for awardee is denied where cited specifications were included in solicitation's performance requirements and were not preconditions for award and agency reasonably considered information in awardee's proposal regarding firm's ability to meet commercial availability and UL certification requirements prior to performance of the contract in determining awardee's low proposal risk. 2. Agency was not required to exclude awardee from competition, despite that firm's improper receipt (in violation of protective order issued in prior protest) of certain of protester's proposed prices where agency reasonably leveled the playing field for the competition by releasing to all offerors, without objection, similar information regarding the awardee's proposal, as well as certain model contract pricing information for all offerors, and, contrary to protester's contention that awardee's substantial change in salvage value pricing was the result of awardee's improper use of protester's proposal information, the record does not support protester's allegations; rather, the record reasonably shows that awardee's changed pricing on recompetition was the result of its own business initiative and judgment. 246130

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