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B-297374 1 (2006-01-12)

handle is hein.gao/gaocrptasme0001 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: Remington Arms Company, Inc. File: B-297374; B-297374.2 Date: January 12, 2006 Michael R. Charness, Esq., Amy R. Napier, Esq., and Amanda J. Kastello, Esq., Vinson & Elkins LLP, for the protester. James A. McMillan, Esq., Melissa A. Roover, Esq., and Alan M. Grayson, Esq., Grayson & Kubli, P.C., for Knight's Armament Company, an intervenor. Capt. Victor G. Vogel, Vera Meza, Esq., and Col. Thomas A. Goonan, Department of the Army, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Failure to file a protest within 10 days of a preaward debriefing does not render the protest untimely when the agency, after the preaward debriefing, reinstated protester in the competitive range and continued to consider the protester's proposal for award. 2. Protest of agency's reliability testing of offerors' bid samples is denied where the record shows the evaluation was reasonable and consistent with the evaluation criteria; protester's disagreement with agency's evaluation is insufficient to show it was unreasonable. 3. Protest challenging the evaluation of technical proposals is denied where the record, including post-protest explanations of the rationale for the agency's contemporaneous conclusions, establishes that the agency's evaluation was reasonable and in accord with the stated evaluation criteria. 4. Agency's decision to make award based on a higher technically-rated, higher- priced proposal is unobjectionable where the agency reasonably determined that the awardee's greater weapon accuracy, reliability, and higher user assessment were worth the price premium.

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