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B-295866 1 (2005-04-20)

handle is hein.gao/gaocrptaqvk0001 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: Satellite Services, Inc.

          File:        B-295866; B-295866.2

          Date:        April 20, 2005

          Susan L. Schor, Esq., Laurence Schor, Esq., and Dennis C. Ehlers, Esq., McManus,
          Schor, Asmar & Darden, LLP, for the protester.
          Jennifer M. Miller, Esq., and Benjamin N. Thompson, Esq., Wyrick Robbins Yates
          & Ponton LLP, for Sunny Point Support Services, an intervenor.
          Maj. Robert B. Neil, Department of the Army, 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 performed improper price realism analysis of awardee's
          proposal is denied where fixed-price contract was to be awarded and agency
          determined that awardee proposed an acceptable technical approach, sufficient staff
          to perform, and a price sufficient to cover the technical approach.

          2. In evaluating protester's past performance, agency reasonably concluded that
          protester's proposal represented a moderate rather than a low performance risk
          based on fact that protester currently was late on approximately 11 percent of
          current contract orders.

          3. Protest that evaluators misunderstood protester's technical proposal and, as a
          result, improperly found that proposal had weaknesses in areas of safety plan and
          inspections, is denied where, even if protester is correct that the weaknesses were
          unwarranted, the weaknesses were not included in the technical evaluation
          summary report and were not considered in award decision.
          DECISION

          Satellite Services, Inc. (SSI) protests the award of a contract to Sunny Point Support
          Services, a joint venture comprised of Bering Straits Aki, LLC and LB&B Associates,
          Inc., under request for proposals (RFP) No. W81GYE-04-R-0047, issued by the
          Department of the Army for the operation, maintenance, repair and construction of
          real property facilities at the Army Military Ocean Terminal in North Carolina.

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