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B-295569 1 (2005-03-10)

handle is hein.gao/gaocrptaqur0001 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. Decision Matter of: Scot, Inc. File: B-295569; B-295569.2 Date: March 10, 2005 Brian W. Craver, Esq., Person & Craver, for the protester. Frederick W. Claybrook, Jr., Esq., and Amy E. Laderberg, Esq., Crowell & Moring, for Gentex Corporation, an intervenor. Lenore K. Strakowsky, Esq., Department of the Navy, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency did not give sufficient weight to protester's superior warranty in selecting low-priced proposal for award based on a cost/technical tradeoff is denied, where agency reasonably determined in accordance with the solicitation that the warranty was not worth a price premium. 2. Agency reasonably considered awardee's past performance to be relevant, even though it was on lower-priced contracts than protester's relevant contracts, where solicitation did not state that contract value was a consideration in determining relevance. 3. Protest that awardee's price is unbalanced is denied, where the agency reasonably considered the risk to the government associated with the offerors' different pricing strategies, and properly determined that the government would pay less under the awardee's pricing approach than with the protester's and that the cost risk entailed in the awardee's approach was acceptable. 4. Agency did not err in accepting expired offer for award without reopening negotiations where, despite the protester's assertion that it can now offer a lower price, the acceptance of the expired offer did not prejudice the competitive system or provide the awardee with an unfair competitive advantage.

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