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B-284684 1 (2000-05-24)

handle is hein.gao/gaocrptalaz0001 and id is 1 raw text is: 



                   -e GeAtOa
 __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: Hydraulics International, Inc.

         File:       B-284684; B-284684.2

         Date:       May 24, 2000


         Alan Dickson, Esq., Paul Burkholder, Esq., and Shlomo D. Katz, Esq., Epstein,
         Becker & Green, for the protester.
         Lee P. Curtis, Esq., Howrey, Simon, Arnold & White, and Donald J. Carney, Esq., and
         Richard B. Clifford, Jr., Esq., Perkins Coie, for Malabar International, Inc., an
         intervenor.
         John E. Larriccia, Esq., and Sharon A. Jenks, Esq., Department of the Air Force, for
         the agency.
         David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         1. Protest that agency improperly failed to advise protester during discussions that
         its price was so high as to make award to the firm unlikely, is denied where
         contemporaneous record indicates that agency determined that proposed price was
         reasonable, realistic and complete based on the technical approach; while Federal
         Acquisition Regulation § 15.306(e)(3) gives contracting officer discretion to inform
         offeror that its cost/price is too high, it does not require that the contracting officer
         do so.

         2. Protest that agency conducted an improper cost/technical tradeoff is denied
         where record indicates that agency recognized the technical advantages of the
         protester's proposal, but reasonably determined that those advantages were not
         worth its substantially higher price.

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