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B-294605.4 1 (2005-04-01)

handle is hein.gao/gaocrptaqsr0001 and id is 1 raw text is: 



A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability 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.

          D  e c i s i o n                           ----------------------------------------------------------------------------------------------------------------------


          Matter of: Yang Enterprises, Inc.; Santa Barbara Applied Research, Inc.

          File:        B-294605.4; B-294605.5; B-294605.6

          Date:        April 1, 2005

          Walter A. I. Wilson, Esq., and Lawrence M. Prosen, Esq., Bell, Boyd & Lloyd PLLC,
          for Yang Enterprises, Inc.; and Irene M. Guimera, Esq., and Joseph E. Guimera, Esq.,
          Guimera & Guimera, for Santa Barbara Applied Research, Inc., the protesters.
          Brian Koji, Esq., Allen, Norton & Blue, PA, for Call Henry, Inc., an intervenor.
          Maj. Rebecca R. Vernon, and Capt. Samuel T. Casazza, Department of the Air Force,
          for the agency.
          Jonathan L. Kang, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest challenging evaluation of awardee's technical proposal and past
          performance is denied where record shows that agency's evaluation was reasonable.

          2. Protest alleging agency failed to engage in meaningful discussions is denied where
          offerors were given meaningful opportunities to address agency concerns during
          discussions.

          3. Protest challenging selection of low cost proposal is denied because, even where
          cost is the least important factor for award, an agency may award to an offeror with
          a lower-cost, lower-rated proposal if it reasonably determines that the cost premium
          involved in awarding to an offeror with a higher-rated proposal is too great.
          DECISION

          Yang Enterprises, Inc. (YEI) and Santa Barbara Applied Research, Inc. (SBAR)
          protest the award of a contract to Call Henry, Inc. (CHI) under request for proposals
          (RFP) No. F04684-02-R-0024, issued by the Department of the Air Force for the
          launch operations support contract (LOSC) at Vandenberg Air Force Base (AFB),
          California. The protesters argue that the agency improperly evaluated the awardee's
          technical proposal and past performance, failed to conduct a reasonable cost realism
          analysis of the awardee's cost proposal, failed to conduct meaningful discussions

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