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

B-401560.3,B-401560.4 1 (2009-10-07)

handle is hein.gao/gaobadbai0001 and id is 1 raw text is: G A 0 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: Bering Straits Technical Services, LLC File: B-401560.3; B-401560.4 Date: October 7, 2009 Thomas A. Janczewski, Esq., and David W. Croysdale, Esq., Michael Best & Friedrich LLP, for the protester. William A. Roberts, III, Esq., Richard B. O'Keeffe, Jr., Esq., John R. Prairie, Esq., Trayce Winfrey Howard, Esq., and Nicole P. Wishart, Esq., Wiley Rein LLP, for Chugach World Services, Inc., an intervenor. Richard J. Huber, Esq., and Julio Ocampo, Esq., Naval Facilities Engineering Command, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably evaluated protester's proposal as good, rather than excellent, under technical approach factor where offer contained weaknesses indicating a lack of understanding including proposal of services under incorrect work area, start of services in base year when not required until option years, and lack of clarity on required inspections. 2. Evaluation of protester's past performance as neutral was reasonable where only past performance information submitted concerned protester's parent firm and affiliates, and agency reasonably found that proposal failed to demonstrate that resources of those entities would affect contract performance. 3. Agency reasonably assigned risk to protester's proposal based on low fixed burden rate for indefinite-quantity items, where it determined that proposed rate was insufficient to profitably perform the work, and proposal failed to explain how protester could realize sufficient revenue by performing work more efficiently than estimated standards. 4. In fixed-price procurement, awardee's failure to provide price information called for by solicitation for purposes of assessing offerors' understanding of requirement did not preclude award, where agency was able to calculate the missing information

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