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B-286931 1 (2001-03-07)

handle is hein.gao/gaocrptamnx0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
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: Digital Systems Group, Inc.

          File:        B-286931; B-286931.2

          Date:        March 7, 2001

          Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank Rome Comisky &
          McCauley, for the protester.
          J. Andrew Jackson, Esq., and Tina D. Reynolds, Esq., Dickstein, Shapiro, Morin &
          Oshinsky, for Oracle Corporation, the intervenor.
          Maria G. Bellizzi, Esq., General Services Administration, for the agency.
          Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's allegation that the evaluation of its technical proposal as posing a
          high risk contradicts the rating of its cost proposal as low risk is denied, where
          the record shows that technical and cost proposals were rated separately by
          different evaluation teams which considered different factors, and the different
          ratings merely reflect the independent judgments of the evaluators and are
          reasonably supported by the record.

          2. Agency was not required to conduct discussions regarding two weaknesses
          identified in the protester's proposal regarding its past performance since the two
          weaknesses (which pertained to only 2 out of 20 performance questionnaire items)
          were not considered significant, and protester's performance record was rated
          acceptable overall. Agencies are not required to point out every element of
          acceptable proposals that receive less than the maximum evaluation rating.

          3. Protester's allegation that the agency improperly conducted discussions is denied,
          where the record shows that during several rounds of discussions, the agency
          reasonably led the protester into areas of its proposal requiring revision, and the
          protester's failure to make those revisions because it feared jeopardizing its
          favorable cost rating reflected its own business judgment, rather than any improper
          agency action.

          4. Discussions with offeror whose otherwise acceptable proposal took exception to
          certain solicitation requirements were unobjectionable where agency reasonably

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