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B-185592(1) 1 (1976-06-03)

handle is hein.gao/gaobaddld0001 and id is 1 raw text is: 0,%LER THE CGIMPTROLLER GENERAL DECISION j 'OF THE UNITED STATES WASHINGTON. D.C. 20548 LN ITC- FILE: B-185592 DATE: June 3,1976 MATTER OF: Computer Machinery Corporation 9 4 3 DIGEST: 1. Allegation that part of successful proposal should have been rejected is not protest against RFP evaluation criteria, but against application of criteria by contracting agency in evaluating proposal. Protest filed within 10 working days after protester obtained and analyzed copy of contract, there- by learning of improper evaluation, is timely under GAO Bid Protest Procedures. 2. While concept of responsiveness is not directly applicable to proposals submitted in negotiated procurement, RFP's repeated use of this term indicates that provisions so referenced were material requirements, and that proposal failing to conform to them would be considered unacceptable. 3. Where prices of proposed lease-plan for automatic data proc- essing equipment were effective through only 4 months of 96 months' systems life, plan should have been rejected. RFP required that fixed or determinable prices throughout systems life be offered. Fact that other lease plans included in con- tract cover remainder of systems life is immaterial, because RFP allowed only one plan to be considered in evaluation, and unacceptable plan was only plan actually evaluated. Therefore, awards were made without reasonable assurance of lowest overall cost to Government. 4. Where awards were made based on partially unacceptable proposal and without reasonable assurance of lowest overall cost to Govern- ment, GAO recommends that Army reevaluate proposals (excluding unacceptable lease plan) and, if necessary, take appropriate termination for convenience and reaward action based upon re- evaluation of proposals. PUBLISHED DECISIONV . $5~~D Comp. Gen. ****

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