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B-189655 1 (1977-11-15)

handle is hein.gao/gaobadfhv0001 and id is 1 raw text is: 

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           F'LE: D-189655               DATE:  Novemrber 15, ,..977
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           MATTER  OC:  Vehicle Systems Developrent Corpration


           DIGEST:

               Determinat'ons concerning technical merits of
               proposals are matters of agency discretion
               which w1ll not be disturbed unless shown to be
               unreasonable or in violacion of statute or
               regulation; therefore, agency selpetion of
               technically superior but higher priced offer
               for award of cost-plus-fixed-fee contracc is
               not legally objectionable where record shows
               that technical evaluators could reasonably
               find awardee's proposal to be technicalJy
               superior to other proposals.

               Vehicle Systems Development Corporation (VJDC)
           protests the award of a cost-plus-fixed-fee contract
           by the U.S. Army Tank-Automot.eve Roearch and
           Developmcr.t Command to Applied Engineering Resoucces,
           Inc. (AER) under request for propisals (REP) No.
           DAAK30-77-r-0008. The procurement- was for a concept
           feasibility analysis for a device to load, transport
           and unload sttndard rigid wall shelters without the
           assistance of supplementary equipment.

               Protester bases its proterL on its 14 ?ercent
           lower price offer, claiming that its proposal was
           definitively competitive from a technical stand-
           point. In its comments filed on the agency report,
           VSDC attacks the technical judgment of the Army
           evaluators.

               The RFP placed technical considerations ahead
           of cost as an evaluation fantor, stating that [o'f
           the major factors, Technical is of primary importanie
           and worth more than cost. Although negotiations
           were conducted with six other offerors in addition
           to AER and VSDC, we will confine our discussion tu the
           latter two, which were the highrst rated technically.










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