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B-272017 1 (1996-07-12)

handle is hein.gao/gaocrptaehh0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Excalibur Systems, Inc. File: B-272017 Date: July 12, 1996 Robert F. Reklaitis, Esq., Nixon, Hargrave, Devans & Doyle, for the protester. Bill Weil, Condor Engineering, Inc., the intervenor. Melissa K. Erny, Esq., Department of the Navy, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Although the solicitation provided that an offeror's past quality performance was more important than price in determining the offeror representing the best value to the government, the agency nevertheless could properly award the contract to a lower-priced offeror with no past quality performance history where the solicitation also provided that price alone would be considered in evaluating first-time offerors or offerors for whom current past quality performance information was not available. DECISION Excalibur Systems, Inc. (ESI) protests the award of a contract to Condor Engineering, Inc. under request for proposals (RFP) No. N00163-95-R-0044, issued by the Naval Air Warfare Center, Aircraft Division, Department of the Navy, for items for the Sensor System Improvement Program. ESI challenges the award to Condor, a lower-priced offeror. We deny the protest.1 The RFP contemplated the award of a firm, fixed-price contract for basic and option quantities. The RFP stated that the procurement was subject to the Navy's 'This protest was resolved using an accelerated schedule. Bid Protest Regulations, 4 C.F.R. § 21.10(e) (1996). In addition, after reviewing various submissions from the protester and the agency, several conference calls were held at which time we advised the parties that we viewed two of the protester's issues as abandoned and two issues as having no merit. The substance of the conference calls partially dismissing the protest was confirmed in writing. 240712

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