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B-289309 1 (2002-02-04)

handle is hein.gao/gaocrptaoco0001 and id is 1 raw text is: G A O0 Comptroller General A a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Diamond Aircraft Industries, Inc. File: B-289309 Date: February 4, 2002 Peter Maurer for the protester. Jon W. van Home, Esq., Greenberg Traurig, for Ximango U.S., Inc., an intervenor. Maj. Russell K. Pippin, Department of the Air Force, 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. Protest that agency misled protester into offering an unacceptable item is denied where protester relied on agency official's informal advice in response to protester's request for clarification of solicitation; offerors rely on such informal advice at their own risk. 2. Protest that agency misevaluated protester's proposal is denied where proposal offered to comply with solicitation requirements, but did not provide any information to support its statements of compliance. DECISION Diamond Aircraft Industries, Inc. protests the award of a contract to Ximango U.S., Inc. under request for proposals (RFP) No. F33657-01-R-0016, issued by the Department of the Air Force for dual motorgliders (aircraft), spare parts, and support equipment. Diamond complains that the Air Force misled it into offering an unacceptable product and misevaluated its proposal. We deny the protest. The solicitation, issued as a commercial item acquisition, provided for selection of the low-cost, technically acceptable proposal. With respect to technical acceptability, the motorgliders were to be evaluated on a pass/fail basis for the demonstrated capability to meet 14 specified minimum requirements, and for the ability to produce and deliver all requested gliders, support equipment and spare

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