[Protest of Air Force Contract Award for Radar System Upgrades]
Highlights
A firm protested an Air Force contract award for radar system upgrades, contending that the Air Force: (1) improperly evaluated its technical proposal; (2) used unstated evaluation criteria to evaluate its bid; (3) failed to conduct meaningful discussions; and (4) made an improper cost-technical tradeoff decision. GAO held that the Air Force: (1) reasonably evaluated the protester's bid in accordance with solicitation's evaluation scheme; (2) conducted meaningful discussions with the protester; (3) did not use unstated evaluation criteria in its bid evaluation; and (4) made an appropriate cost-technical tradeoff decision in selecting the awardee's high-priced, low-risk bid. Accordingly, the protest was denied.
B-137773, NOV 28, 1958
PRECIS-UNAVAILABLE
MISS GENEVIEVE B. CROW:
ON OCTOBER 22, 1958, THE CHIEF, AUDIT DIVISION, BUDGET AND FINANCE OFFICE, DEPARTMENT OF COMMERCE, FORWARDED HERE YOUR LETTER OF OCTOBER 7, 1958, REQUESTING AN ADVANCE DECISION UPON THE PROPRIETY FOR PAYMENT OF A TRANSMITTED VOUCHER IN FAVOR OF MR. GEORGE E. CUTLER FOR $145.80, PREVIOUSLY SUSPENDED, REPRESENTING CAR RENTAL WHILE TRAVELING ON HOME LEAVE AND WHILE ON LEAVE.
THE ORDERS OF MAY 14, 1958, AUTHORIZED MR. CUTLER AND HIS IMMEDIATE FAMILY TO TRAVEL FROM ANCHORAGE, ALASKA, TO LOS ANGELES, CALIFORNIA, AND RETURN FOR LEAVE PURPOSES IN ACCORDANCE WITH PUBLIC LAW 737. THE ORDERS PROVIDED THAT TRAVEL WAS TO BE PERFORMED BY COMMON CARRIER, VIA TRAIN, BUS, PLANE, OR PRIVATELY OWNED AUTOMOBILE AT $0.08 PER MILE AS IT WAS DETERMINED THAT THIS MODE OF TRAVEL WAS MORE ADVANTAGEOUS TO THE GOVERNMENT, OR BY OTHER MEANS SUCH AS GOVERNMENT PLANE, CAR, OR BOAT. ALSO PROVIDED FOR $6 PER DIEM FOR COMMERCIAL AIR TRAVEL BETWEEN ALASKA AND THE CONTINENTAL UNITED STATES AND $12 PER DIEM WHILE TRAVELING IN THE UNITED STATES, INCLUDING AIR TRAVEL. TWO GOVERNMENT TRANSPORTATION REQUESTS WERE ISSUED NOS. AL,915,174 AND AL,915,175, DATED MAY 19, 1958, AUTHORIZING FIRST CLASS TRANSPORTATION BY PACIFIC NORTHERN AIRLINES FROM ANCHORAGE, ALASKA, TO SEATTLE, WASHINGTON, AND RETURN, AND FIRST CLASS TRANSPORTATION BY UNITED AIRLINES BETWEEN SEATTLE, WASHINGTON, AND LOS ANGELES, CALIFORNIA, RESPECTIVELY. MR. CUTLER TRAVELED BY AIR FROM ANCHORAGE TO SEATTLE AND RENTED AN AUTOMOBILE IN SEATTLE TO COMPLETE HIS TRIP TO LOS ANGELES. HE WAS PAID MILEAGE FOR 1,201 MILES AT $0.08 PER MILE OR $96.08. THE RECORD SHOWS THAT WHILE THE TRAVEL BY AUTOMOBILE FROM SEATTLE TO LOS ANGELES TAKES APPROXIMATELY FOUR DAYS TRAVELING AT THE RATE OF 300 MILES PER DAY MR. CUTLER IS CLAIMING FOR THE USE OF A PRIVATE CONVEYANCE FOR THREE WEEKS AND THREE DAYS OR FOR THE USE OF TRAVELING FROM SEATTLE TO LOS ANGELES PLUS THE USE OF THE PRIVATE CONVEYANCE WHILE ON HOME LEAVE.
PARAGRAPH 3.4 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, AS AMENDED EFFECTIVE AUGUST 1, 1956, PROVIDES FOR THE HIRE OF AN AUTOMOBILE ON A REIMBURSEABLE BASIS WHEN AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT. SINCE THE TRAVEL BY SPECIAL CONVEYANCE HAS BEEN APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT - IN THIS CASE IT IS EVIDENT FROM THE RECORD THAT THE COST IS LESS THAN COMMON CARRIER COST - MR. CUTLER WOULD BE ENTITLED FOR THE SEATTLE TO LOS ANGELES TRAVEL TO REIMBURSEMENT FOR THE COST OF RENTAL FOR THE NUMBER OF DAYS IT WOULD TAKE TO TRAVEL FROM SEATTLE TO LOS ANGELES AT THE RATE OF 300 MILES PER DAY (4 DAYS $6.30 PER DAY) PLUS APPLICABLE PER DIEM (4 DAYS $12 PER DAY). HE WOULD ALSO BE ENTITLED TO REIMBURSEMENT OF INSURANCE FOR THE NUMBER OF DAYS IT WOULD TAKE TO TRAVEL BETWEEN THE POINTS INVOLVED (4 DAYS $1 PER DAY - RATE ASCERTAINED INFORMALLY FROM HERTZ). ADDITIONALLY, THE EMPLOYEE MAY BE ALLOWED THE $0.09 PER MILE RENTAL CHARGE FOR 1,174 MILES, LESS THE EMPLOYEE'S SHARE (857/2031 OF $42.62) OF THE GAS AND OIL CREDIT ALLOWED THE EMPLOYEE BY THE RENTAL COMPANY. FROM THE NET SUM DUE THERE IS FOR DEDUCTION THE $96.08 ALLOWED FOR MILEAGE AND THE $9 PER DIEM ALLOWED FOR TRAVEL TIME BETWEEN SEATTLE AND LOS ANGELES. HOWEVER, THERE IS NO AUTHORITY TO PAY FOR THE RENTAL OF THE CAR WHILE THE EMPLOYEE IS ON LEAVE AS THIS IS CONSIDERED PERSONAL.
CONSEQUENTLY, THE VOUCHER, RETURNED TOGETHER WITH ATTACHMENTS, MAY NOT BE CERTIFIED FOR PAYMENT IN ITS PRESENT FORM.