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

B-290184.2 1 (2002-09-23)

handle is hein.gao/gaocrptaoex0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability 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: Enercorp Federal Services Corp. File: B-290184.2 Date: September 23, 2002 James S. DelSordo, Esq., for the protester. David C. Rickard, Esq., Defense Threat Reduction Agency, for the agency. Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency made award on the basis of an unstated evaluation criterion is denied where the allegation is contradicted by the record, which establishes that the evaluation and award determination were consistent with the solicitation criteria. DECISION Enercorp Federal Services Corp. protests the award of a contract to BAI, Inc. under request for proposals (RFP) No. DTRAO1-02-R-0002, issued by the Defense Threat Reduction Agency (DTRA). Enercorp asserts that the agency relied on an allegedly unstated evaluation criterion as the basis for its decision to award to BAI. We deny the protest. The RFP, initially issued on November 20, 2001, as an 8(a) set-aside, sought proposals for technical and analytical support for the Nuclear Treaties Program Office. The incumbent contractor did not participate in the competition; two proposals were received, one from Enercorp, the other from BAI; the agency selected the BAI proposal for award. Enercorp protested that award decision to our Office, objecting to the evaluation of Enercorp's past performance and to the agency's use of an artificial normal workload factor in evaluating the proposed prices. The protest was dismissed as academic after the agency determined to take corrective action in the form of giving Enercorp an opportunity to provide additional past performance information concerning one contract for which information had been unavailable when the proposals were evaluated, and recalculating the proposed prices, after which the agency would perform a reevaluation with the understanding that if a different award determination was warranted, it would terminate BAI's

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