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B-400737.2 1 (2008-12-17)

handle is hein.gao/gaobadarb0001 and id is 1 raw text is: L G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Major Contracting Services, Inc. File: B-400737.2 Date: December 17, 2008 Merrill D. Austin for the protester. Capt. Charles D. Halverson, Department of the Army, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Corrective action (consisting of terminating the protested award, canceling the solicitation, issuing a new solicitation, obtaining proposals, and making a new selection decision) taken by an agency in response to a prior protest is reasonable where the agency needs to evaluate offerors' ability to meet contract specifications but the solicitation failed to require offerors to submit technical proposals. DECISION Major Contracting Services, Inc. (MCS) of Colorado Springs, Colorado, protests the cancellation of request for proposals (RFP) No. W911SG-08-R-0007, issued by the Department of the Army for chemical latrines and wash stations. The Army's decision to cancel the RFP was the result of corrective action taken in response to MCS's earlier protest (B-400737) objecting to the award of a contract to Vantex Service Corporation. MCS contends that the Army should award the contract to MCS rather than resolicit this requirement and also requests that we find MCS to be entitled to its proposal preparation and bid protest costs. We deny the protest. The RFP was issued as a combined synopsis and solicitation for temporary and permanent portable chemical latrines and wash stations at Fort Bliss, Texas and stated that award was to be made to the offeror whose proposal was most advantageous to the government, price and other factors considered, including past performance, and that the agency would also evaluate offerors' ability to meet specifications. To be considered for award, offerors were required to submit a completed copy of the standard Offeror Representations and Certifications --

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