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B-290599 1 (2002-09-05)

handle is hein.gao/gaobacybp0001 and id is 1 raw text is: 


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          G    A    0Comptroller General
-------- .Accountability * Integrity * Reliability                   of the United States
United States General Accounting Office               DOCUMENT  FOR  PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to a
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.

          Decision

          Matter  of: M&S  Farms, Inc.

          File:       B-290599

          Date:       September  5, 2002

          Richard C. Bradley III, Esq., Daniel, Coker, Horton & Bell, for the protester.
          Bryce C. Ruth, Jr., Esq., for Carr's Wild Horse and Burro Center, an intervenor.
          Jeanne A. Anderson, Esq., and Alton E. Woods, Esq., Department of the Interior, for
          the agency.
          Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Agency's source selection decision under a best value selection plan is
          unreasonable where the evaluation and selection decision contain material defects
          under all of the evaluation criteria, including price, such that the agency has not
          made a cost/technical tradeoff determination that reasonably considers the relative
          merits of the proposals.
          DECISION

          M&S  Farms, Inc. protests an award to Carr's Wild Horse and Burro Center under
          request for proposals (RFP) No. NARO20009, issued by the Department of the
          Interior, Bureau of Land Management (BLM), for a wild horse and burro
          adoption/holding facility. M&S Farms protests the agency's evaluation of proposals
          and source selection decision.

          We sustain the protest.

          The RFP, issued December 19, 2001, contemplated the award of a fixed unit price,
          indefinite-delivery/indefinite-quantity contract for 1 year with 2 option years.

          The RFP identified a two-step evaluation process. The first step was an initial
          review for the proposal's compliance with the general requirements of the RFP.
          RFP  § M.3. Specifically, proposals were required to comply with paragraph C.3 of
          the RFP's statement of work (SOW), which stated:

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