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B-310667 1 (2008-01-23)

handle is hein.gao/gaocrptavxm0001 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: Silynx Communications, Inc.

          File:        B-310667; B-310667.2

          Date:        January 23, 2008

          David B. Dempsey, Esq., David S. Black, Esq., and Megan M. Mocho, Esq., Holland &
          Knight, LLP, for the protester.
          Len Rawicz, Esq., Mitchell S. Ettinger, Esq., and Elizabeth C. Billhimer, Esq.,
          Skadden, Arps, Slate, Meagher & Flom, LLP, for Nacre, AS, an intervenor.
          James L. Yohn, II, Esq., and Robert C. Peterson, Esq., Department of the Navy, 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

          1. Protest that agency misevaluated technical proposals is denied where record
          shows that protester's product was reasonably determined technically unacceptable
          for failing to meet mandatory threshold specifications.

          2. Agency reasonably made award on basis of initial proposals, without holding
          discussions, where solicitation advised offerors of agency's intent to make award
          without discussions.

          3. Agency's price reasonableness determination was unobjectionable where it was
          based on historical information relating to cost of items being acquired; fact that
          protester offered a lower price for product determined to be technically
          unacceptable does not demonstrate that determination was unreasonable.

          4. Protest that agency technical evaluator was biased and could not objectively
          evaluate protester's product is denied where protester presents no evidence to
          credibly support its assertion.
          DECISION

          Silynx Communications, Inc. protests the award of a contract to Nacre, AS under
          request for proposals (RFP) No. N65236-07-R-0139, issued by the Department of the
          Navy to acquire a quantity of combat radio headsets. Silynx maintains that the

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