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B-266273 1 (1996-02-09)

handle is hein.gao/gaocrptadva0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Dunn Engineering Associates File: B-266273 Date: February 9, 1996 Robert A. Reiss for the protester. Kathryn Weathers Belger, Esq., and Jean Maxwell, Department of Transportation, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that discussions were not meaningful because the agency did not inform the protester that evaluators were concerned that the protester's proposed level of effort was too low and that the protester had a history of performance problems is denied where the record of oral and written discussions shows that the agency led the protester to reexamine the amount of professional hours it proposed and advised the protester that the evaluators were concerned with the possibility of late delivery, and the protester had the opportunity to respond in a best and final offer. DECISION Dunn Engineering Associates protests award of a contract to Texas A & M Research Foundation by the Federal Highway Administration (FHWA) pursuant to request for proposals (RFP) No. DTFH61-95-R-00128. The protester contends that the agency's negotiations with it were not meaningful and led it to unnecessarily increase its offered price. We deny the protest. Issued on April 27, 1995, the RFP solicited proposals for developing a new, updated freeway management handbook that included current technologies and procedures on a variety of topics such as conceptual development, design, construction, operations, maintenance, work zones, and system expansion. The handbook will be used by asset owners as a reference document and training aid for freeway operations and management. The RFP contemplated award of a fixed-price contract and delivery of the handbook within 18 months after award. The RFP stated that proposals would be evaluated on two technical factors: (1) responsiveness to the RFP's technical requirements and (2) sufficient resources to complete the job satisfactorily and on schedule, and on cost. The RFP stated that technical merit was considered more important than cost in the award 125025

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