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B-266199 1 (1996-01-30)

handle is hein.gao/gaocrptadun0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Vantex Service Corporation File: B-266199 Date: January 30, 1996 D. J. Brown for the protester. Michael J. O'Farrell, Jr., Esq., Department of the Army, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly determined to use competitive negotiation procedures, as opposed to sealed bidding, to procure its requirements where, based on prior performance problems, the agency determined that discussions would be necessary to ensure that offerors understood the requirements of the solicitation prior to award and where the award would not be based solely on price. DECISION Vantex Service Corporation protests the decision of the Department of the Army to use competitive negotiation procedures to procure portable latrines and related services at Fort Hood, Texas under request for proposals (RFP) No. DAKF48-95-R- 0015. Vantex maintains that the agency should conduct this procurement using sealed bidding procedures. We deny the protest. The RFP, issued as a total small business set-aside, contemplated the award of a firm, fixed-price contract for a base period with 4 option years. The RFP required offerors to submit technical and price proposals. Technical proposals were to describe an offeror's supplies and equipment, company experience, and quality control program. With respect to an offeror's supplies and equipment and quality control program, the RFP required offerors to furnish particular information, demonstrating the firm's understanding of the solicitation requirements. With respect to experience, the RFP stated that a minimum of 2 years experience was desired, and that an offeror with less than the desired experience would be referred to the Small Business Administration (SBA) for the possible issuance of a certificate of competency (COC). 1133130

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