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B-282162 1 (1999-06-09)

handle is hein.gao/gaocrptajix0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                                Comptroller General
                                                                  of the United States
United States General Accounting Office            DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548
                                                  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: TRW, Inc.

         File:     B-282162; B-282162.2

         Date:     June 9, 1999


         C. Stanley Dees, Esq., Patrick K O'Keefe, Esq., and Richard P. Castiglia, Jr., Esq.,
         McKenna & Cuneo, for the protester.
         Thomas P. Humphrey, Esq., Robert M. Halperin, Esq., Joseph W.C. Warren, Esq.,
         Tejpal Singh Chawla, Esq., and Deborah W. Feinstein, Esq., Crowell & Moring, for
         Motorola, Inc., the intervenor.
         Joshua A. Kranzberg, Esq., and James R. McMurry, Esq., Department of the Army, for
         the agency.
         John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Agency's evaluation of the awardee's past performance was reasonable where the
         agency investigated and evaluated each of the contracts referenced in the awardee's
         proposal; other information regarding the awardee's allegedly deficient prior
         performance on subcontracts was not so close at hand that it had to be considered
         by the agency.

         2. Protest that the agency's cost realism evaluation of the awardee's proposal was
         unreasonable is denied where the evaluation was detailed, well-documented, and
         reasonably performed, and the protester only generally asserts that the awardee's
         proposed staffing level may be too low.

         3. Protest that the agency should have excluded the awardee from the competition
         because a subcontractor, proposed by the awardee in its initial proposal but omitted
         from its revised proposals, allegedly has a conflict of interest is denied where the
         subcontractor did not participate in the preparation of the solicitation and there is
         no substantial evidence establishing that the awardee obtained
         an unfair competitive advantage from the subcontractor's participation in the
         preparation of the awardee's initial proposal.

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