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B-297535.2 1 (2006-02-10)

handle is hein.gao/gaocrptasmy0001 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: SAP Public Services, Inc. File: B-297535.2; B-297535.3; B-297535.4 Date: February 10, 2006 David S. Cohen, Esq. and John J. O'Brien, Esq., Cohen Mohr LLP; Richard B. Oliver, Esq., Alison L. Doyle, Esq., and Kevin J. Slattum, Esq., McKenna, Long & Aldridge LLP, for the protester. Rand L. Allen, Esq., Paul F. Khoury, Esq., William J. Colwell, Esq., Daniel P. Graham, Esq., and Kevin J. Plummer, Esq., Wiley Rein & Fielding LLP, for Oracle Corporation, an intervenor. Maj. Derek S. Sherrill, Maj. Michael S. Martin, and Lt. Col. Michaelisa M. Tomasic-Lander, Department of the Air Force, for the agency. Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that awardee's quotation was noncompliant with solicitation requirements regarding commercial availability of software is denied where the procurement record indicates that awardee's quotation complied with the solicitation requirements and protester expressly acknowledges that it has no proof' to support its allegation. 2. Protester's disagreement with the agency's subjective assessments of the protester's and awardee's quotations with regard to non-price evaluation factors do not provide a basis for sustaining the protest where agency evaluation is supported by the record. 3. Where solicitation stated that agency's evaluation of vendors' quotations would include risk assessments regarding, among other things, the potential for increased costs, agency's best value determination properly considered such risk assessments without quantifying the potential impact on vendors' costs. 4. In making a best value determination, agency properly performed a cost/technical tradeoff based on the evaluated prices that were calculated consistent with the solicitation's provisions.

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