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B-279049 1 (1998-04-30)

handle is hein.gao/gaocrptahri0001 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: Chant Engineering Company, Inc.

             File:        B-279049; B-279049.2

             Date:        April 30, 1998

             Michael H. Payne, Esq., and Joseph A. Hackenbracht, Esq., Starfield & Payne, for
             the protester.
             Robert Martin, Esq., Simon, Turnbull & Martin, for Rexroth Corporation, an
             interveno r.
             Glenn Heisler, Esq., Panama Canal Commission, for the agency.
             C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Evaluation of protester's proposal was reasonable and consistent with
             solicitation providing for submission of preliminary design for hydraulic power
             systems where agency reasonably found the information submitted with the
             preliminary design insufficient to establish that design could meet the agency's
             technical requirements.

             2. Allegation that awardee received an unfair competitive advantage under
             solicitation to design and manufacture hydraulic systems for lock gate, because it
             performed an earlier contract to design a prototype system, fails to state a valid
             basis of protest, in the absence of evidence showing preferential or unfair action by
             the government.
             DECISION

             Chant Engineering Company, Inc. protests the award of a contract to Rexroth
             Corporation under request for proposals (RFP) No. CNC-82163-LM-29, issued by the
             Panama Canal Commission for hydraulic power systems to operate miter gates.
             Chant asserts that the evaluation and rejection of its proposal were unreasonable.

             We deny the protests.

             On October 1, 1997, the Commission issued the RFP for a multiyear (8-year)
             fixed-price contract to design, fabricate, deliver, and supervise the installation of
             hydraulic power systems to replace the existing machinery for operating miter gates
             at locks in the canal. RFP §§ B, C.1.1. The RFP advised offerors that: the gates

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