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B-290515 1 (2002-08-21)

handle is hein.gao/gaocrptaofv0001 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: Sabreliner Corporation File: B-290515; B-290515.2; B-290515.3 Date: August 21, 2002 Kenneth B. Weckstein, Esq., Raymond R. Fioravanti, Esq., and Tammy Hopkins, Esq., Epstein Becker & Green, for the protester. Christopher R. Yukins, Esq., Leigh A. Bradley, Esq., and Kristen E. Ittig, Esq., Holland & Knight, for Canadian Commercial Corporation/Orenda Aerospace Corporation, the intervenor. Clarence D. Long, III, Esq., Department of the Air Force, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's evaluation of the protester's and awardee's past performance is unobjectionable where the evaluation was reasonably based and consistent with the evaluation criteria set forth in the solicitation and applicable statutes and regulations. 2. The integrity of the protest process does not permit a protester to argue that the agency improperly interpreted the solicitation and governing regulations as allowing the successful contractor to purchase materials for use in the contract directly from the government where the protester was informed of, shared, and benefited from that interpretation during the procurement process. 3. Agency's determination that the awardee's proposal was acceptable cannot be considered reasonable where the contemporaneous record does not evidence that the agency meaningfully evaluated a relevant and apparently significant section of the awardee's technical proposal, and the agency, in defending the protest, states that its intent is to enter into post-award negotiations with the awardee regarding the protested aspects of the awardee's technical approach that should have been evaluated during the procurement process. DECISION Sabreliner Corporation protests the award of a contract to Canadian Commercial Corporation/Orenda Aerospace Corporation under request for proposals (RFP)

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