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B-295764 1 (2005-04-20)

handle is hein.gao/gaocrptaqvg0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability 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: Mathews Associates, Inc.

          File:        B-295764; B-295764.2

          Date:        April 20, 2005

          William M. Weisberg, Esq., Sullivan & Worcester LLP, for the protester.
          Vera Meza, Esq., and John J. Reynolds, Esq., U.S. Army Materiel Command, for the
          agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest challenging elimination of proposal from competitive range is denied where
          record shows agency reasonably found proposal technically unacceptable based on
          evaluation consistent with terms of solicitation.
          DECISION

          Mathews Associates, Inc. (MAI) protests the elimination of its proposal from the
          competitive range under request for proposals (RFP) No. W15P7T-04-R-C005, issued
          by the Department of the Army to acquire lithium manganese dioxide batteries. MAI
          argues that the agency misevaluated its proposal.

          We deny the protest.

          The solicitation contemplated the award, on a best value basis, of up to two
          indefinite-delivery/indefinite-quantity contracts for a base year, with four 1-year
          options, to furnish five different lithium manganese dioxide batteries. Offerors were
          advised that the agency intended to split the total projected requirement, with
          60 percent of the requirement limited to domestic sources and the remaining
          40 percent open to all prospective sources. The RFP further advised that the agency
          would evaluate proposals giving consideration to price and two non-price criteria--a
          technical factor and a performance risk factor, with the former being significantly
          more important than the latter, and the latter being slightly more important than
          price. Within the technical factor there were four subfactors: battery performance,
          battery safety (these two subfactors were equal in importance and significantly more
          important than the third subfactor), production (this subfactor was significantly
          more important than the fourth), and small business participation. Proposals had to

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