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B-270208 1 (1996-02-16)

handle is hein.gao/gaocrptadxi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Mil Colores, S.A. File: B-270208 Date: February 16, 1996 Carlos A. De Obaldia for the protester. Philip T. McCaffrey, Esq., and Nicholas P. Retson, Esq., Department of the Army, for the agency. John A. Carter, Esq., and John G. Brosnan, Esq., Office of the General Counsel, GAO, participated in the decision. DIGEST 1. Protest that the Army conducted a prohibited auction is denied where there is no evidence that the Army engaged in any activity that would constitute an auction, such as indicating to an offeror a price it must meet in order to receive further consideration, advising an offeror of its relative standing or furnishing information about other offerors' prices. 2. Protest that agency awarded contract on basis of low price without evaluating awardee's capability to comply with solicitation requirements is denied. Where a solicitation provides for award to the lowest-priced offeror and does not provide for a technical evaluation or require a technical proposal, award to the lowest-priced responsible offeror is proper. DECISION Mil Colores, S.A. protests the award of a contract to CBH Construcciones, S.A. (CBH) under request for proposals (RFP) No. DAHC92-95-R-0099 issued by the United States Army Garrison-Panama. We deny the protest. The Army issued the RFP to consolidate current requirements for custodial, refuse and grounds services for Fort Sherman, Panama, for 5.5 months, with an option for another 6 months. The RFP stated that the Army intended to award a single contract to the responsible offeror whose total aggregate price is determined to be in the best interests of the United States Government. The solicitation provided a price schedule to be filled in by the offeror. No technical proposal was solicited and the RFP contained no technical evaluation criteria by which a proposal might be evaluated. The RFP also stated that the Army intended to award on the basis of initial proposals without discussions. 843215

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