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B-278855.2 1 (1998-07-30)

handle is hein.gao/gaocrptahqm0001 and id is 1 raw text is: 


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

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a I
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.



             Matter of: Apache Enterprises, Inc.

             File:        B-278855.2

             Date:        July 30, 1998

             J. Michael Slocum, Esq., Slocum & Boddie, for the protester.
             John J. Pavlick, Jr., Esq., Thomas J. Madden, Esq., and Carla D. Craft, Esq., Venable,
             Baetjer, Howard & Civiletti, for Luminescent Systems, Inc., an intervenor.
             Marian Sullivan, Esq., and Janice C. Beckett, Esq., Department of the Air Force, for
             the agency.
             Andrew T. Pogany, Esq., and John M. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             In evaluation of proposals for aircraft lighting systems compatible with the Night
             Vision Imaging System (NVIS), contracting agency reasonably assigned awardee's
             proposal low performance risk rating, notwithstanding its lack of references for
             NVIS contracts, where solicitation did not require NVIS contract experience, and
             awardee received good references for its performance of aircraft lighting system
             c o ntrac ts.
             DECISION

             Apache Enterprises, Inc. protests the award of a contract to Luminescent Systems,
             Inc. (LSI) under request for proposals (RFP) No. F33657-97-R-0010, a small business
             set-aside issued by the Department of the Air Force for interior and exterior aircraft
             lighting kits compatible with the Night Vision Imaging System (NVIS). Apache
             principally asserts that the agency misevaluated LSI's past performance references
             in awarding its proposal a low risk rating.

             We deny the protest.

             The RFP, issued October 28, 1997, contemplated award of a fixed-price contract
             (with minor cost-reimbursable items) and stated that the agency would employ
             performance-price trade-off techniques to make a best value award decision.
             However, the RFP proceeded to define best value as the proposal received from
             the low, technically acceptable, responsible offeror which has been awarded a low
             performance risk rating. The RFP provided that award could be made to other than
             the low, technically acceptable offeror if that offeror was judged to have a not

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