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B-281919 1 (1999-05-03)

handle is hein.gao/gaocrptajih0001 and id is 1 raw text is: 


Comptroller 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: KBM Group, Inc.

File:      B-281919; B-281919.2

Date:      May 3, 1999


Alexander J. Brittin, Esq., Patrick K O'Keefe, Esq., and Jeremy M. Griffin, Esq.,
McKenna & Cuneo, and John S. Pachter, Esq., Smith, Pachter, McWhorter &
D'Ambro sio, for the protester.
Richard J. Vacura, Esq., Holly Emrick Svetz, Esq., and William J. Crowley, Esq.,
Piper & Marbury, and Rex L. Fuller III, Esq., for Milvets Systems Technology, Inc., an
intervenor.
Duane Zezula, Esq., Bureau of Alcohol, Tobacco and Firearms, for the agency.
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Agency did not mislead protester during discussions even though award was
ultimately made based on price and agency did not inform protester that its price was
higher than awardee's price, where agency did not believe that protester's price was
too high.

2. Agency did not conduct unequal discussions with awardee and protester where
agency conducted technical discussions with awardee, whose technical proposal was
initially evaluated as containing a number of weaknesses, while conducting no
technical discussions with protester, whose initial proposal was evaluated as
containing no weaknesses.

3. Protest that protester is entitled to a higher adjectival rating than awardee based
upon protester's specific incumbent experience and staff is denied where agency in
fact reasonably assessed the relative merits of protester's and awardee's proposals,
including protester's specific experience and staff.

4. Protest that source selection authority did not adequately consider the merits of
protester's technical proposal is denied where source selection authority considered
the relative merits of protester's and awardee's proposals and reasonably determined

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