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B-295318 1 (2005-02-02)

handle is hein.gao/gaocrptaqtm0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity Reliability                                   of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Hanley Industries, Inc.

          File:       B-295318

          Date:       February 2, 2005

          T. Gaynor Blake for the protester.
          Gary Van Osten, Esq., Department of the Navy, for the agency.
          Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest of agency's past performance evaluation and price/past performance tradeoff
          is denied where record shows evaluation and source selection were reasonable and
          consistent with evaluation criteria; mere disagreement with agency's evaluation and
          award is insufficient to show they were unreasonable.
          DECISION

          Hanley Industries, Inc. protests the award of a contract to Capco, Inc. under request
          for proposals (RFP) No. N00104-04-R-K081, issued by the Department of the Navy for
          impulse cartridges used to release aircraft-mounted detonating projectiles. Hanley,
          which received a contract under the RFP for a lesser quantity than that awarded to
          Capco, contends that the agency improperly evaluated its past performance and
          unreasonably concluded that the performance risk associated with an award to
          Hanley for the larger quantity of units outweighed the cost advantage associated
          with such award.

          We deny the protest.

          The RFP, issued on July 16, 2004, contemplated the award of two fixed-price
          contracts to different contractors in order to increase the industrial base for the item
          and enhance competition; one contract was for 16,000 units and the other was for
          9,396 units. RFP at 2. The awards were to be made based on the agency's
          determination of which combination of offers was most advantageous to the agency
          in terms of two approximately equal evaluation factors, price and past performance;
          past performance was to be rated under two subfactors, quality and delivery. Id.
          at 47. All offerors were advised that the past performance evaluations would be

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