About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-284234 1 (2000-03-17)

handle is hein.gao/gaocrptalab0001 and id is 1 raw text is: t)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. Decision Matter of: Dynacs Engineering Company, Inc. File: B-284234; B-284234.2; B-284234.3 Date: March 17, 2000 James S. Ganther, Esq., Ganther & Fee, for the protester. Michael A. Hordell, Esq., Gadsby & Hannah, for Federal Data Corporation, an intervenor. Bernard J. Roan, Esq., National Aeronautics & Space Administration, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In evaluating awardee's past performance, procuring agency reasonably decided not to consider information that awardee had experienced transition problems in performing an ongoing contract, where awardee explained that performance problems in fact were not the result of its actions, and cognizant contracting officials had not actually assigned awardee a negative performance rating at the time of past performance evaluation. 2. There is no prohibition against an agency's raising items during second round of discussions that it discussed with the offeror during the first round. DECISION Dynacs Engineering Company, Inc. protests the award of a contract to Federal Data Corporation (FDC) under request for proposals (RFP) No. 3-094978, issued by the National Aeronautics and Space Administration (NASA) for the development and operation of international space station facilities, and the development and performance of microgravity experiments. Dynacs protests that NASA misevaluated its and the awardee's proposals, held improper discussions with the awardee and conducted an inadequate cost/price/technical tradeo ff. 'In its initial protest, Dynacs also asserted that the agency improperly penalized Dynacs twice for cost realism, failed to hold meaningful discussions with Dynacs, applied unstated evaluation criteria, and gave cost/price undue weight in the (continued...)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most