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B-277916.2 1 (1998-03-04)

handle is hein.gao/gaocrptahmr0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Mechanical Contractors, S.A. File: B-277916.2 Date: March 4, 1998 Fredrick Kunkel for the protester. Carlos A. De Obaldia, Esq., De Obaldia & Garcia De Paredes, for Formal Management Systems, Inc., an intervenor. Glenn A. Heisler, Esq., Panama Canal Commission, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency did not conduct meaningful discussions with the protester, where the agency did not inform the protester of the deficiencies in its proposal, the deficiencies were essentially informational in nature, and the contracting officer cited the deficiencies as reasons for not selecting the protester's proposal for c o ntrac t award. DECISION Mechanical Contractors, S.A. (MCSA) protests the award of a firm, fixed-price contract to Formal Management Systems, Inc. (FMS), under request for proposals (RFP) No. CC-97-33, issued by the Panama Canal Commission (PCC) for cleaning and painting of four miter gate leaves in the Panama Canal. The contract was awarded to FMS on August 21, 1997. MCSA protested the award and, in Mechanical Contractors, S.A., B-277916, Oct. 27, 1997, 97-2 CPD T 121, we sustained MCSA's protest because the evaluations of MCSA's and FMS's proposals were not adequately supported and lacked reasonable bases. Id. at 3-6. We recommended, among other things, that the PCC reevaluate both MCSA's and FMS's proposals and make a new selection decision. Id. at 7. After reevaluating the proposals, the PCC affirmed its original decision to award FMS the contract. MCSA protests that the agency improperly did not hold discussions with it concerning deficiencies that the new evaluation board found in MCSA's proposal during the reevaluation. MCSA also contends that the new evaluation board unreasonably downgraded its proposal. We sustain the protest.

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