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B-279662.2 1 (1998-08-31)

handle is hein.gao/gaocrptahtg0001 and id is 1 raw text is: 


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

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a I
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.



             Matter of: Electronic Design, Inc.

             File:        B-279662.2; B-279662.3; B-279662.4

             Date:        August 31, 1998

             Brian A. Bannon, Esq., Wayne A. Keup, Esq., Margaret A. Dillenburg, Esq., and
             Joseph S. Carlin, Esq., Dyer Ellis & Joseph, for the protester.
             David S. Cohen, Esq., William F. Savarino, Esq., Alex D. Kond6, Esq., Victor G.
             Klingelhofer, Esq., and Laurel A. Hockey, Esq., Cohen Mohr, for Litton Integrated
             Systems Corporation, the intervenor.
             John M. Davis, Esq., Michael Glennon, Esq., and Kelly Swartz, Esq., Department of
             the Navy, for the agency.
             Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Agency's source selection decision in which price is considered only as an
             eligibility factor (i.e., price does or does not fall within agency's budget) is improper
             because it fails to consider price as a significant evaluation factor, as required by
             10 U.S.C. § 2305(a)(2)(A) and § 2305(a)(3)(A) (1994) and as contemplated by the
             best value evaluation plan stated in the solicitation.

             2. Agency conducted competition on an unequal basis where the awardee's initial
             proposal was substantially in excess of the page limitation stated in the solicitation,
             and the agency evaluated that proposal for award without specifically advising and
             providing the other offerors an opportunity to submit proposals without a page
             limitation.
             DECISION

             Electronic Design, Inc. (EDI) protests an award to Litton Integrated Systems
             Corporation under request for proposals (RFP) No. N00024-98-R-4013, issued by the
             Department of the Navy, Naval Sea Systems Command, for integrated ship control
             system upgrades for CG 47 Ticonderoga class ships.1


             1The requirement included the removal of existing equipment, production and
             installation of the upgraded systems, testing of a complete integrated system at
             the land-based engineering site, engineering support, and options for direct vendor
                                                                                (continued...)

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