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

B-270268.2 1 (1996-04-15)

handle is hein.gao/gaocrptadxs0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: DATEX, Inc. File: Date: B-270268.2 April 15, 1996 Jonathan T. Cain, Esq., Devon E. Hewitt, Esq., and J. Russell Morrissey, Esq., Shaw, Pittman, Potts & Trowbridge, for the protester. Paul F. Khoury, Esq., Mark H. Neblett, Esq., Wiley, Rein & Fielding, for Mendez England & Associates, the intervenor. Gary M. Winter, U.S. Agency for International Development, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency could reasonably consider the costs incurred under two similar predecessor contracts performed by the awardee and its proposed subcontractor in performing its cost realism analysis of the awardee's proposal, which was based upon a technical approach similar to that taken in the prior contracts. 2. Protest that the award of a contract to an offeror submitting the proposal with the second-highest combined technical and cost score was improper is denied; where solicitation sets forth detailed point-scoring scheme but does not state that award will be based on high score, award may be made to the offeror submitting the lower-cost, lower-scored proposal where the agency reasonably determines that there is no significant difference in technical merit that justifies the payment of a cost premium. DECISION DATEX, Inc. protests the award of a contract to Mendez England & Associates (MEA) under request for proposals (RFP) No. OP/A/FAO-95-P-002, issued by the U.S. Agency for International Development for administrative, technical, and program support for the agency's Bureau of Humanitarian Response, Office of Food for Peace. DATEX challenges the evaluation of its and MEA's cost proposals, and the agency's selection of MEA's lower cost proposal for award. 416522

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