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

B-408993.2 1 (2014-02-21)

handle is hein.gao/gaobadqcf0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
Accountability * Integrity * Reliability                                 of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  Lulus Ostrich Ranch

           File:       B-408993.2

           Date:       February 21, 2014

           William R. Hayward, Lulus Ostrich Ranch, for the protester.
           James L. Weiner, Esq., and Sarah T. Zaffina, Esq., Department of the Interior, for
           the agency.
           Katherine I. Riback, Esq., and Jonathan L. Kang, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest is dismissed where a challenge to the solicitation's past performance
           evaluation methodology was not filed until after the agency had received responses,
           completed its review, and issued the purchase order.

           2. Protest arguing that the awardee's price is too low is denied where the
           solicitation provided for the award of a fixed-price purchase order and did not
           provide for the evaluation of the realism of prices.
           DECISION

           Lulus Ostrich Ranch of San Marcos, Texas, protests the issuance of a purchase
           order to Durham Communications, Inc., of Mesa, Arizona, by the Department of the
           Interior, National Park Service (NPS), under request for quotations (RFQ)
           No. 513027 for the design and implementation of a turnkey radio system to deliver
           voice (radio) to NPS areas on the islands and surrounding waters of Ta'u and Ofu in
           American Samoa. Lulus contends that the solicitation was defective because it did
           not contain the past performance questionnaire forms, and also contends that the
           awardee submitted an unreasonably low price.

           We dismiss in part, and deny in part, the protest.'


           1 Our Office did not issue a protective order in connection with this protest because
           Lulus did not elect to retain counsel. A full version of the agency report was
                                                                             (continued...)

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