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B-293009,B-293009.2,B-293009.3 1 (2004-01-14)

handle is hein.gao/gaobacyqe0001 and id is 1 raw text is: 


  I

         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:  Gracon Corporation

          File:       B-293009; B-293009.2; B-293009.3

          Date:       January 14, 2004

          Daniel M. Gross, Esq., Oviatt, Clark & Gross, for the protester.
          John E. Jensen, Esq., Devon E. Hewitt, Esq., and Daniel S. Herzfeld, Esq., Shaw
          Pittman, for All Cities Enterprises, an intervenor.
          Lt. Col. Daniel Poling, Department of the Army, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Agency was not required to hold discussions regarding areas of protester's
          proposal that were weak, but acceptable, and that did not prevent the protester from
          having a reasonable opportunity for award.

          2. Agency properly utilized adjectival rating system to provide guidance to source
          selection authority (SSA) in evaluating proposals; since record shows that SSA was
          aware of the relative merits of the proposals when making his best value
          determination, there is no basis to question the evaluation.

          3. Procuring agency reasonably determined, based on explanation of pricing
          methodology in awardee's proposal, that awardee's low fixed price did not indicate a
          failure to understand the requirements of the solicitation.
          DECISION

          Gracon Corporation protests the award of a contract to All Cities Enterprises (ACE)
          under request for proposals (RFP) No. DAKF19-02-R-0003, issued by the Department
          of the Army for a contractor to perform real property maintenance/repair and minor
          construction projects at Fort Riley, Kansas and nearby areas. Gracon challenges the
          award on several grounds.

          We deny the protest.

          The solicitation, for ajob order contract (JOC) for a 1-year base period, with nine
          1-year option periods, provided for a best value award based on an evaluation

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