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B-290574 1 (2002-08-08)

handle is hein.gao/gaocrptaogb0001 and id is 1 raw text is: 




          G    A     0                                                Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Duncan Security Consultants, Inc.

          File:        B-290574

          Date:       August 8, 2002

          Nancy 0. Dix, Esq., and Leonard L. Anthony, Esq,. Gray Cary Ware & Freidenrich, for
          the protester.
          Mary E. Clarke, Esq., Defense Logistics Agency, for the agency.
          Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Agency reasonably selected low-priced, technically acceptable proposal--without
          considering relative technical merits of proposals--where, although solicitation
          included standard evaluation provision stating that award would be based on offer
          most advantageous to the government, price and other factors considered, it did
          not include technical evaluation factors, but instead stated that award would be
          based upon a proposal meeting all terms and conditions of the solicitation.
          DECISION

          Duncan Security Consultants, Inc. protests the award of a contract to Nu-Way
          Security and Private Investigations under request for proposals (RFP) No. MDA1 13-
          02-R-0006, issued by the Defense Logistics Agency (DLA), Television Audio Support
          Activity for security and armed guard services. Duncan principally argues that the
          agency improperly made award on the basis of low price rather than a comparative
          evaluation of the proposals.

          We deny the protest.

          The RFP, issued March 6, 2002 as a competitive section 8(a) set aside, contemplated
          the award of a fixed-price contract for a base year, with 4 option years. The RFP
          included Federal Acquisition Regulation (FAR) § 52.212-2, Evaluation--Commercial
          Items, which provides for award to the responsible offeror whose offer conforming
          to the solicitation will be most advantageous to the government, price and other
          factors considered. At the end of the provision is the statement [t]he following

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