About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-310825 1 (2008-02-26)

handle is hein.gao/gaocrptavyh0001 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: DRS C3 Systems, LLC

          File:        B-310825; B-310825.2

          Date:        February 26, 2008

          David Z. Bodenheimer, Esq., Puja Satiani, Esq., and James G. Peyster, Esq., Crowell
          & Moring, LLP, for the protester.
          W. Jay DeVecchio, Esq., Edward Jackson, Esq., Damien C. Specht, Esq., and Kevin C.
          Dwyer, Esq., Jenner & Block LLP, for General Dynamics Advanced Information
          Systems, an intervenor.
          Andrew C. Saunders, Esq., and Alex F. Matin, Esq., Naval Sea Systems Command, 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. Protest alleging that firm had developed governmentwide standard applicable to
          the item being procured, thereby having an unfair informational advantage over
          other competitors, is denied where record establishes that firm did not have a role in
          developing the relevant governmentwide standard.

          2. A competitive advantage that derives from an offeror's previous performance
          under a government contract is not an unfair competitive advantage that agency is
          required to neutralize.

          3. Contracting agency engaged in meaningful discussions where agency advised
          protester of specific weaknesses regarding lack of a selected software architecture
          approach; agency was not required to also afford the protester an opportunity to
          cure proposal defects first introduced either in response to discussions or in a post-
          discussion proposal revision.

          4. 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.

          5. Protest that past performance evaluation was unreasonable is sustained where
          record shows that: the findings in the agency evaluation report were not consistent

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:

Already a HeinOnline Subscriber?

profiles profiles most