About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-297136.10 1 (2006-06-29)

handle is hein.gao/gaocrptaslx0001 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: TPL, Inc. File: B-297136.10; B-297136.11 Date: June 29, 2006 David P. Metzger, Esq., Kristen E. Ittig, Esq., and Michele Mintz Brown, Esq., Holland & Knight LLP, for the protester. William R. Stoughton, Esq., Kristen G. Schulz, Esq., David A. Churchill, Esq., and Kevin C. Dwyer, Esq., Jenner & Block LLP, for General Dynamics Ordnance and Tactical Systems, Inc., an intervenor. Robert R. Fleck, Esq., Tara C. Mack, Esq., and Leslie A. Nepper, Esq., Department of the Army, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. A conflict of interest does not exist merely because the same contracting agency or contracting agency employees both prepare an offeror's past performance reference and perform the evaluation of offerors' proposals. 2. Protest challenging the evaluation of the protester's past performance is denied where the record establishes that the agency's evaluation was reasonable and in accord with the stated evaluation criteria. 3. Protest challenging the evaluation of technical proposals is denied where the record establishes that the agency's evaluation was reasonable and consistent with the evaluation criteria; a source selection official's decision not to accept the findings and ratings of agency evaluators is unobjectionable if otherwise supported by the record. 4. Price/technical tradeoff was reasonable where source selection official identified technical distinctions between competing proposals and specifically determined that higher technically rated proposal represented best value despite higher cost. 5. Protest that the contracting agency was biased against the protester and conducted the procurement in bad faith is denied where the record does not contain any evidence of bias or bad faith on the part of the agency.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most