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B-282511 1 (1999-07-21)

handle is hein.gao/gaocrptajkb0001 and id is 1 raw text is: __Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. ----------------------------------------------------------------------------------------------------------------------------. Matter of: ATA Defense Industries, Inc. File: B-282511; B-282511.2 Date: July 21, 1999 Claude P. Goddard, Jr., Esq., Hal J. Perloff, Esq., and Vivian H. Gembara, Wickwire Gavin, for the protester. Rodney A. Grandon, Esq., Patton Boggs, for Caswell International Corporation, an intervenor. Jeffrey I. Kessler, Esq., and Caridad Ramos, Esq., Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that the awardee's proposal for a targetry system was improperly evaluated is sustained where the record shows that the agency could not reasonably conclude that the awardee's proposal merited a rating of excellent under the technical evaluation scheme, which reserved an excellent rating for those systems which lo c ate hits for armor targets to within 60 millimeters o f where a round actually penetrates the plane of the target, and the awardee's proposal shows that it does not meet this margin of error. 2. General Accounting Office (GAO) will not review an agency's determination to waive Buy American Act preference requirements as being in the public interest, nor will GAO invalidate an agency's source selection decision merely because the waiver is approved after the award decision. DECISION ATA Defense Industries, Inc. protests the award of a contract to Caswell International Corporation under request for proposals (RFP) No. DAAE20-98-R-0215, issued by the Department of the Army, Tank-Automotive and Armaments Command (TACOM), for the Intermediate New Generation Army Targetry System (INGATS). ATA argues that the Army's evaluation was unreasonable in several technical areas, that the source selection decision improperly discounted ATA's strengths and overlooked Caswell's weaknesses, and that the Army improperly failed to apply the Buy American Act price evaluation factor to Caswell's proposal.

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