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B-280568 1 (1998-10-19)

handle is hein.gao/gaocrptahwc0001 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
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.




             Matter of: Day & Zimmermann/IMR L.L.C.

             File:      B-280568; B-280569

             Date:      October 19, 1998

             Stephen G. Anderson, Esq., Baker, Donelson, Bearman & Caldwell, for the protester.
             Brian A. Mizoguchi, Esq., Verner Liipfert Bernhard McPherson and Hand, for Royal
             Ordnance North America, Inc., an intervenor.
             Bradley J. Crosson, Esq., and Vera Meza, Esq., U.S. Army Materiel Command, 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

             Award to offeror submitting higher-priced, technically superior proposal under a
             solicitation which stated that proposed price was more important than technical
             evaluation factors was unobjectionable where agency reasonably determined that
             the awardee's substantial technical advantage warranted payment of the price
             premium associated with its proposal.
             DECISION

             Day & Zimmermann/IMR L.L.C. (D&Z) protests the award of contracts to Royal
             Ordnance North America, Inc. (RONA) under request for proposals (RFP) Nos.
             DAAA09-97-R-0044 (RFP-0044) and DAAA09-98-0214 (RFP-0214), issued by the
             Department of the Army for explosives and a facility use contract for Holston Army
             Ammunition Plant (HSAAP), respectively. D&Z principally argues that the agency
             misevaluated the proposals, and made improper awards based on a defective
             price/technical tradeoff.

             We deny the protest.

             BACKGROUND

             Both solicitations were issued as two-step negotiated procurements. RFP-0044
             sought proposals to award a fixed-price contract for RDX/HIIX explosives and other
             products for 5 years. RFP-0214 sought proposals to award a fixed-price facility use
             contract for HSAAP for a 25-year period. The solicitations were issued together,

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