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B-285776 1 (2000-09-06)

handle is hein.gao/gaocrptaled0001 and id is 1 raw text is: 



                   -e GeAtOa
 __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.

         Decision

         Matter of: Instrument Control Service, Inc.

         File:       B-285776

         Date:       September 6, 2000


         Robert A. Emmanuel, Esq., Emmanuel, Sheppard & Condon, for the protester.
         Benjamin N. Thompson, Esq., and Jennifer M. Miller, Esq., Wyrick Robbins Yates &
         Ponton, for LB&B Associates Inc., the intervenor.
         Louise E. Hansen, Esq., Defense Logistics Agency, for the agency.
         Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest is denied where the protester, while objecting to agency's conclusion that
         its proposal contained two minor weaknesses, fails to show that it was prejudiced,
         even assuming its objections are correct.

         2. Protest that the awardee plagiarized the protester's proposal submitted on an
         earlier procurement concerns a dispute between private parties over which the
         General Accounting Office has no jurisdiction.

         3. Protest that awardee's low proposed fixed price was unrealistic is denied where
         the agency evaluated the realism of the awardee's price, ascertaining the reasons for
         the significant differences between the awardee's and protester's prices, and the
         protester failed to show that any part of the agency's price realism analysis was
         erroneous or unreasonable.
         DECISION

         Instrument Control Service, Inc. (ICS) protests the award of a contract to LB&B
         Associates Inc. under request for proposals (RFP) No. MDA112-00-R-0008, issued by
         the Television-Audio Support Activity, Department of Defense (DOD), for operation
         and maintenance of audio-visual, broadcast, photographic and support equipment

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