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B-188807 1 (1977-11-28)

handle is hein.gao/gaobadfkl0001 and id is 1 raw text is: 0 t - THE COMPTROLLER GENERAL7,- DECISION ,. y a . O- THE UNITED STATES WASHINGTON, 0.C. 20504 IA FILE: U-188807 DATE: November 28,17I MATTER OF: SEMCOR DIGEST: 1. Where technical proposals are evaluated by agency as essentially equal. price or cost properly becomes determinative factor in making award. No basis is seen to object to Navy's conclusion that three technical proposals, numerically scored in range from 742 to 768 on 1,000-point scale, were essentially equal. 2. Even assuming merit in protester's objections to cost analysis of successful proposal for engineering services, prejudice to protester is speculative in view of its competitive position. However, GAO agrees with protester that evaluation of successful offeror's proposal was deficient or doubtful in areas of material and travel costs, and this conclusion is called to attention of Secretary of Navy. 3. Under CAO Bid Protest Procedures, protests concerning apparent improprieties in RFP must be filed by initial closing date, or, depending on circumstances. by clsing date for receipt of best and final offers at latest. Objections in protest r.ttcr ei-ard concerning fixe number of manhours specified in RFP, failure to adopt protester's suggestion that firm, fixed-price contract be awarded, and alleged improper procurement of personal services relate to apparent RFP improprieties and are therefore untimely and not for considetation. This is our decision on a protest by SEMCOR concerning the award of a contract to TECHPLAN Corporation under request for proposals (RFP) No. N62269-77-R-0134, issued by he Naval Air Development Center (NADC), Warminster, Pennsylvania. The RFP contemplated a cost-plus- fixed-fee (CPFF), level-of-effort contract for a 1-year term to pro- vide services and data system engineering analysis in regard to NADC's Joint Tactical Information Distribution System (JTIDS) progrLm. Primarily, SEICOR complains of a possible buy-in, due to a lack of cost realism in TECFPLAN's proposal. Also, the protester alleges certain improper procurement practices by NADC. I F

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