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

B-276162 1 (1997-05-02)

handle is hein.gao/gaocrptafxo0001 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: Alliant Techsystems, Inc.

             File:        B-276162; B-276162.2; B-276162.3

             Date:        May 2, 1997

             John S. Pachter, Esq., Jonathan D. Shaffer, Esq., Eun K (Julie) Chung, Esq., and
             Dorothy E. Terrell, Esq., Smith, Pachter, McWhorter & D'Ambrosio, P.L.C., for the
             protester.
             Thomas J. Madden, Esq., Jerome S. Gabig, Jr., Esq., Fernand A. Lavallee, Esq., and
             John J. Pavlick, Jr., Esq., Venable, Baetjer, Howard & Civiletti, and Scott W.
             MacKay, Esq., in-house counsel, for Lockheed Martin Corporation, an intervenor.
             Gregory H. Petkoff, Esq., and John E. Lariccia, Esq., Department of the Air Force,
             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. In assessing proposals for multi-year production contract which contemplates
             technology inserts over course of performance, agency evaluation of awardee's
             proposed insert component which is not yet developed, including review of
             proposal, technical briefings, and parallel development by other manufacturers, is
             unobjectionable where agency reasonably concludes that component ultimately will
             be successfully produced. Because agency has right to reject component from
             introduction as technology insert if it does not meet all specifications, agency
             reasonably determined that only potential impact of insert component on
             procurement will be to cost and schedule and thus, properly determined to evaluate
             component under affordability evaluation factor.

             2. In procurement with cost and fixed-price elements, where offerors are
             committed to meet or better proposed system-life average unit prices (AUP) or face
             substantial penalties, agency's affordability evaluation is reasonable where it
             includes appropriate assessment of realism, reasonableness, and completeness of
             proposed costs which underlie AUP in accordance with evaluation criteria.

             3. Award decision is unobjectionable where protester's slight advantage in instant
             contract cost and lower prices through earlier phases of procurement life is
             outweighed by selected offeror's technical advantages and significantly lower
             proposed prices over life of procurement.

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