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B-296902 1 (2005-09-20)

handle is hein.gao/gaocrptaqyo0001 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: Delphinus Engineering, Inc. File: B-296902; B-296902.2 Date: September 20, 2005 Joseph G. Billings, Esq., and Philip A. Tordella, Esq., for the protester. Terence Murphy, Esq., and Patrick H. O'Donnell, Esq., Kaufman & Canoles, for Q.E.D. Systems, Inc.; Daniel R. Weckstein, Esq., Stephanie M. Himel-Nelson, Esq., and Michael L. Sterling, Esq., Vandeventer Black LLP, for Tecnico Corporation; and Michael J. Gardner, Esq., Troutman Sanders, for George G. Sharp, Inc., the intervenors. Catherine Kellington, Esq., Department of the Navy, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. The protester--a section 8(a) qualified business--had no basis to expect that the agency would award it a contract as the only 8(a) offeror submitting a technically acceptable proposal, where the solicitation was issued on an unrestricted basis and stated that award would be made to the offerors submitting the proposals determined to be most advantageous to the agency considering the listed technical factors and cost. 2. The agency's evaluation of the protester's response to a sample task order did not have to consider protester's performance on another contract not identified in the protester's proposal. DECISION Delphinus Engineering, Inc. protests its failure to receive a contract under request for proposals (RFP) No. N65540-03-R-0001, issued by the Department of the Navy, for engineering and technical support services to support the installation and repair of various ship habitability areas. Delphinus argues that the agency was required to award it a contract because Delphinus was the only firm certified under the Small Business Administration's (SBA) section 8(a) program to have submitted a

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