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 2016-06-23 U.S. Government Publishing Office 1998-01-15 monographic deposited born digital 9 p. GA 1.13:B-278319 https://www.govinfo.gov/app/details/GAOREPORTS-B-278319 P0b002ee18fd45ca8 f:278319 DGPO 2016-06-23 2016-06-23 GAOREPORTS-B-278319 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-278319 B-278319 Comptroller General Decision

1. Restriction on protests of orders placed under delivery order contracts contained in 10 U.S.C. sec. 2304c(d) (1994) does not apply to protests of downselections implemented by the placement of a delivery order under a multiple award delivery order contract, resulting in the elimination of one of the contractors from consideration for future delivery orders.<p/>2. Agency's testing and evaluation of helmet communications headsets for hearing protection is reasonable and consistent with the terms of the solicitation where the agency conducted its tests in accordance with the testing standards prescribed in the solicitation.<p/>3. Agency's failure to reasonably evaluate one performance characteristic in downselecting among two contractors to supply helmets is not prejudicial to the protester, which proposed a significantly higher price, where the record shows that the selected contractor's helmet was, in fact, superior with regard to this performance characteristic, such that the protester's overall marginal technical advantage was not affected by this unreasonable element of the evaluation. <p/>4. Agency's selection of a similar rated, but significantly lower priced, contractor is reasonable where the best value selection plan considered technical considerations and price of equal importance. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-278319/html/GAOREPORTS-B-278319.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-278319/pdf/GAOREPORTS-B-278319.pdf GAO/B-278319 https://www.govinfo.gov/app/details/GAOREPORTS-B-278319 Comptroller General Decision GAO/B-278319; Electro-Voice, Inc., B-278319; B-278319.2, January 15, 1998; Title 10 Section 2304c(d) 10 U.S.C. 2304c(d) Volume 108 Page 3243 108 Stat. 3243 Public Law 103-355