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

B-270880 1 (1996-05-16)

handle is hein.gao/gaocrptaebp0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Valentec Systems, Inc.

File:        B-270880; B-270880.2

Date:        May 16, 1996

Timothy B. Mills, Esq., Michael J. Schaengold, Esq., and Christy L. Gherlein, Esq.,
Patton, Boggs, L.L.P., for the protester.
Thomas J. Madden, Esq., John J. Pavlick, Jr., Esq., Fernand A. Lavallee, Esq.,
Carla D. Craft, Esq., and Paul A. Debolt, Esq., Venable, Baetjer, Howard & Civiletti,
for Lockheed Martin Ordnance Systems, an intervenor.
Bradley J. Crosson, Esq., and Jeffrey I. Kessler, Esq., Department of the Army, for
the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that contracting agency improperly allowed a directed source
subcontractor that was also competing as a prime contractor to obtain an unfair
competitive advantage is denied where the record shows that the contracting
agency met its responsibility in such situations to ensure that all offerors are
competing on an equal basis, and where any prejudice that the protester may have
suffered was a result of its decision to ignore the solicitation's explicit instructions
for preparing its price.

2. Contracting agency was not required to conduct a cost analysis of offerors'
proposals even though offerors were required to submit cost and pricing data where
the contracting officer reasonably determined that there was adequate price
competition, and where the solicitation specifically advised that award of the fixed-
price contract would be on a price-only basis, with the only cost analysis to occur
after award, pursuant to a reopener provision.


419516

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