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B-416244 1 (2018-07-17)

handle is hein.gao/gaobaduwm0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Buffalo Computer Graphics, Inc. File: B-416244 Date: July 17, 2018 Kevin Williams, Buffalo Computer Graphics, for the protester. Gabriel D. Soil, Esq., and William H. Butterfield, Esq., Department of Homeland Security, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency ignored awardee's proposed prices that were allegedly too low is dismissed where solicitation for fixed-price contract did not provide for price realism assessment, and therefore protest allegations did not state a valid basis of protest. 2. Protest that solicitation created unfair competition where under earlier canceled solicitation protester's price had been released to competitors is dismissed as untimely where protest was filed after award of new contract, rather than before the closing date for submission of proposals. 3. Protest that agency misevaluated proposals is denied where evaluation was reasonable and consistent with evaluation criteria in solicitation. DECISION Buffalo Computer Graphics, Inc., of Blasdell, New York, a small business, protests the award of a contract to NAVSIM Services, Inc., of Buffalo, New York, also a small business, under request for proposals (RFP) No. 70Z02318RP04001 00, issued by the Department of Homeland Security, United States Coast Guard (USCG), to supply one or more commercial ship's navigation simulators for the USCG Academy, in New London, Connecticut. Buffalo argues that the USCG improperly released its pricing information to competitors, misevaluated the firm's technical proposal, misevaluated all proposals under the price/cost factor, and misevaluated the awardee's proposal with respect to the limitations on subcontracting clause. We dismiss the protest in part and deny it in part.

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