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B-296094 1 (2005-05-26)

handle is hein.gao/gaocrptaqwg0001 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: Mathews Associates, Inc.

          File:        B-296094

          Date:        May 26, 2005

          William M. Weisberg, Esq., Sullivan & Worcester LLP, for the protester.
          Vera Meza, Esq. and John J. Reynolds, Esq., U.S. Army Materiel Command, 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

          Protest challenging evaluation of protester's proposal is denied where agency report
          demonstrates that evaluation was reasonable, and protester has not rebutted
          agency's position.
          DECISION

          Mathews Associates, Inc. (MAI) protests the award of contracts to Ultralife
          Batteries, Inc. and Bren-Tronics, Inc. under request for proposals (RFP)
          No. W15P7T-05-R-COO1, issued by the Department of the Army for BA-5347/U lithium
          manganese dioxide batteries. MAI challenges the evaluation of its proposal, and also
          asserts that the award was improper because the batteries submitted by the
          awardees failed a required capacity test.

          We deny the protest.

          The RFP contemplated the award, on a best value basis, of up to two contracts,
          and advised offerors that the evaluation would be based on price and two non-price
          criteria--a technical and a performance risk factor. The technical factor was
          significantly more important than the performance risk factor, which in turn was
          slightly more important than price. There were three technical subfactors: battery
          performance, battery safety and production. Offerors were required to submit
          battery samples, which were to be subjected to three capacity tests, the results of
          which were to be considered under the battery performance subfactor. Only
          proposals receiving at least an acceptable rating under each of the technical
          subfactors would be considered for award.

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