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B-292437 1 (2003-09-18)

handle is hein.gao/gaobacykl0001 and id is 1 raw text is: I G A 0Comptroller General ... .Accountability * Integrity Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Shubhada, Inc. File: B-292437 Date: September 18, 2003 Bob Metgud for the protester. Jonathan D. Brawn, Titan Machine Products, Inc., for the intervenor. Robert L. Mercadante, Esq., and Marlene Surrena, Esq., Defense Logistics Agency, for the agency. Henry J. Gorczycki, Esq., and Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where an agency rejects an offeror's submission as technically unacceptable for failing to include a technical proposal required by the solicitation, but the agency actually may have received the proposal and lost it, a protest of the agency's evaluation and award decision generally will not be sustained, absent a systemic failure in the agency's proposal-receipt process. Since the content of a lost proposal is known only to the protester, it would be inconsistent with maintaining a fair competitive system to allow the protester to establish the content of its proposal after the closing date has passed. DECISION Shubhada, Inc. protests the rejection of its proposal as technically unacceptable, and the award of a contract to Titan Machine Products, Inc., under request for proposals (RFP) No. SP0560-02-R-0336, issued by the Defense Logistics Agency (DLA), Defense Supply Center Philadelphia, Pennsylvania, for lock release levers for .50 caliber M2 machine guns We deny the protest. The RFP, issued on September 17, 2002, contemplated award of a fixed-price contract. The RFP stated that contract award would be on a best value basis, with technical factors being significantly more important than price. The technical factors--past performance and technical ability--were of equal importance.

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