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B-185262 1 (1976-07-19)

handle is hein.gao/gaobadcwq0001 and id is 1 raw text is: r%..LER C STHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES ( ;WASHINGTON. D.C. 20549 FILE: B-185262 DATE: July 19, 1976 MATTER OF: Sayles Biltmore Bleacheries, Inc. DIGEST: 1. Where RFP did not specifically provide for consideration of transportation costs in proposal evaluation, procuring activity could properly consider such costs since applicable procure- ment regulations require consideration of transportation costs and since consideration of such costs was not contrary to terms of solicitation. However, to avoid confusion on part of offerors, GAO recommends that future solicitations state that transportation costs will be considered in proposal evaluation. 2. Fact that RFP provision stated that transportation costs would be paid by procuring activity does not preclude acceptance of innovative proposal whereby offeror would transport cloth to to its finishing and dyeing plant in its own trucks at less cost than was available through common carrier. 3. Proposal evaluation was deficient in that only a portion of transportation costs to be paid by Government was added to offerors' prices. Although protester was not prejudiced since addition of omitted costs would not change offerors' competitive standing, agency is advised to evaluate all transportation costs borne by Government under future similar solicitations. On August 15, 1975, the Defense Supply Agency (DSA) placed an order with the Department of Justice, Federal Prison Industries, Inc. (FPI) for cotton duck cloth, approximately equal amounts of which were to be delivered on an FOB origin basis to DSA depots at Richmond and Memphis. Eleven days later, FPI issued Request for Proposals (RFP) No. 2pi 9139 for the finishing of cloth manufac- tured at the federal penitentiary in Atlanta. The RFP contemplated that the unfinished cloth would be shipped from the penitentiary to the contractor, who would dye the cloth and treat it with water repellent and mildew resistant chemicals, after which the cloth would be shipped to DSA at Richmond and Memphis. Paragraph 6 of the RFP in General Provisions stated in pertinent part: - 1-

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