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B-266360 1 (1996-02-12)

handle is hein.gao/gaocrptadvr0001 and id is 1 raw text is: 


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

Decision


Matter of: Southern Research

File:        B-266360

Date:        February 12, 1996

Karen G. Wood for the protester.
Nicholas P. Retson, Esq., and Michael J. O'Farrell, Jr., Esq., Department of the
Army, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Post-award protest challenging the requirements in solicitation for additional
archeological services or staff as vague, indefinite, or unnecessary is untimely.

2. Protest against award to offeror with a lower-priced, slightly lower-rated
proposal is denied where agency reasonably determined that cost premium involved
in awarding to higher-rated, higher-priced offeror was not justified.
DECISION

Southern Research protests the award of a contract to Southeastern Archeological
Services, under request for proposals (RFP) No. DABT1O-95-R-0055, issued by the
Department of the Army, for archeological services. Southern argues that the RFP
is defective because the performance work statement (PWS) contains a requirement
for additional services that were unquantified, vague and indefinite; that during
discussions the agency effectively requested the protester to add more personnel
than what was required by the solicitation which caused the protester to increase
its overall price; and that the selection of Southeastern for award was inconsistent
with the award criteria.

We deny the protest.

As amended, the RFP contemplated award of a firm, fixed-price contract for an
archeological survey of approximately 4,406 acres located at Fort Benning. The
PWS called for a contractor to provide personnel, facilities, equipment, and supplies
to perform the required types of work, including background research, field survey,
laboratory analysis, artifact conservation, documentation and reporting. Among
other things, the PWS stated at section C.5.4.4 that:


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