United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-24 U.S. Government Publishing Office 1996-12-26 monographic deposited born digital 22 p. GA 1.13:B-274654 https://www.govinfo.gov/app/details/GAOREPORTS-B-274654 P0b002ee18fd4be8a f:274654 DGPO 2016-06-24 2016-06-24 GAOREPORTS-B-274654 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-274654 B-274654 Comptroller General Decision

1. Protesters rated eighth and ninth in overall technical merit are interested parties for the purpose of pursuing a protest where both claim their proposals were improperly evaluated, both offered lower prices than the awardee, and the solicitation called for award to the offeror whose proposal was found most advantageous to the government. Under these circumstances, if their protests were sustained, either protester could be in line for award. <p/>2. Contention that agency improperly evaluated proposals is denied where the record shows that the evaluation was reasonable and in accordance with the stated evaluation criteria.<p/>3. Where solicitation requires offerors to provide technical literature to demonstrate commerciality and compliance with specifications, a proposal's affirmative response to a solicitation requirement that is contradicted by the required technical data generally cannot be reasonably accepted by agency evaluators. <p/>4. Contention that agency improperly made award on the basis of initial proposals is denied where the record shows that the solicitation clearly indicated the agency's intent to make award without discussions if possible, and that the evaluation reasonably determined that discussions were not needed to determine the proposal offering the best value to the government.<p/>5. Claim that Federal Acquisition Regulation sec. 15.610(c) required the agency to give the protester an opportunity to comment on adverse reports of past performance is denied because the cited regulation has no application where the agency does not otherwise hold discussions.<p/>6. Argument that the agency selection official failed to make an independent and properly documented selection decision is denied where the record shows that the selection official reasonably relied upon and adopted the findings set forth in a detailed best value analysis prepared by the evaluation panel. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-274654/html/GAOREPORTS-B-274654.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-274654/pdf/GAOREPORTS-B-274654.pdf GAO/B-274654 https://www.govinfo.gov/app/details/GAOREPORTS-B-274654 Comptroller General Decision GAO/B-274654; International Data Products, Corp.; I-NET, Inc.;; Title 10 Section 2305(b)(4)(A)(ii) 10 U.S.C. 2305(b)(4)(A)(ii) Title 41 Section 253b(d)(1)(B) Title 41 Section 253(d)(1)(B) 41 U.S.C. 253b(d)(1)(B) 41 U.S.C. 253(d)(1)(B)