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B-266297 1 (1996-02-09)

handle is hein.gao/gaocrptadve0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision


Matter of: American Overseas Book Co., Inc.

File:       B-266297

Date:       February 9, 1996

Cicely P. Marks for the protester.
Janice E. McIntyre for The Faxon Company, Inc., the interested party.
Terrence J. Tychan, Department of Health & Human Services, for the agency.
Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Agency's determination that protester's initial proposal was technically
unacceptable and outside the competitive range was reasonable where the proposal
would require major revisions in order to become acceptable.

2. Protester whose proposal was properly found technically unacceptable and
excluded from the competitive range is not an interested party to challenge the
award, where there is another technically acceptable proposal within the
competitive range, since the protester would not be in line for award if its protest
were sustained.
DECISION

American Overseas Book Company, Inc. (AOBC) protests the exclusion of its
proposal from the competitive range, and the subsequent award of a contract to The
Faxon Company, Inc., under request for proposals (RFP) No. 263-95-P-(AL)-0019,
issued by the Department of Health and Human Services (HHS) for subscription
services to domestic and foreign serial publications and periodicals for users of the
National Institutes of Health libraries. The protester contends that HHS'
determination to exclude AOBC's proposal from the competitive range was
unreasonable, and that the subsequent award to Faxon at a higher price than AOBC
proposed was improper.

We deny the protest.

The RFP sought proposals for a fixed-price, indefinite delivery/indefinite quantity
contract for a 12-month base period of performance, with up to four 1-year option
periods. For each contract period, offerors were required to submit fixed unit and
extended prices for all items listed in section B of the RFP and a total price.
Offerors were required to submit separate technical and business (price) proposals.


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