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B-289959.7 1 (2003-12-19)

handle is hein.gao/gaobacyrb0001 and id is 1 raw text is: I G A 0 Comptroller General ....Accountability * Integrity * Reliability of the United States United States General Accounting 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: ViroMed Laboratories, Inc. File: B-289959.7 Date: December 19, 2003 Thomas L. McGovern, III, Esq., and Michael J. Vernick, Esq., Hogan & Hartson, for the protester. Walter F. Zenner, Esq., and Matthew H. Solomson, Esq., Arnold & Porter, for Center for Disease Control, an intervenor. Maj. Robert B. Neill, and Jeffrey K. Reeds, Esq., Department of the Army, 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. In fixed-unit-price procurement, where record supports agency's evaluation of awardee's proposal as containing a thorough, comprehensive plan for performing the solicitation requirements, awardee's low proposed prices to perform two contract line items making up only a small portion of the total contract requirements did not require the agency to downgrade awardee's proposal with regard to understanding the scope of work. 2. In performing price realism analysis under fixed-unit-price procurement, agency has broad discretion regarding the nature and extent of the analysis it performs and, here, agency reasonably found awardee's price realistic where the total proposed prices of protester and awardee were very similar. 3. In establishing the scope of contracts to be considered in the agency's past performance evaluation, solicitation did not place a premium on prior performance of large government contracts at military facilities where the solicitation directed offerors to submit past performance information regarding commercial and/or government contracts, advised offerors that the agency would consider contracts that were not of the magnitude being competed, and stating that the agency's past performance evaluation would be based on the agency's subjective consideration of all relevant facts and circumstances.

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