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B-270364 1 (1996-03-04)

handle is hein.gao/gaocrptadyh0001 and id is 1 raw text is: 


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

Decision



Matter of: Volmar Construction, Inc.

File:       B-270364; B-270364.2

Date:       March 4, 1996

V. James Adduci II, Esq., and Katherine S. Nucci, Esq., Adduci, Mastriani &
Schaumberg, for the protester.
J. Kevin Bridston, Esq., Holland & Hart, for MCC Construction Corp., an intervenor.
Nicholas P. Retson, Esq., and Michael J. O'Farrell, Jr., Esq., Department of the
Army, for the agency.
Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Agency conducted meaningful discussions where questions posed were sufficient
to direct the protester to the agency's primary areas of concern about its proposal;
all-encompassing discussions are not required.

2. Under a solicitation in which technical factors were more important than price,
the selection of the awardee on the basis of its overall technical superiority,
notwithstanding its higher price, is unobjectionable where the agency reasonably
determined that the awardee's higher-priced proposal, which evidenced in particular
superior relevant contract experience and past performance, was worth the
additional cost, and the cost/technical tradeoff was consistent with the evaluation
scheme.
DECISION

Volmar Construction, Inc. protests the award of a contract to MCC Construction
Corporation under request for proposals (RFP) No. DAKF29-95-R-0001, issued by the
Department of the Army for small to medium repair and minor construction
projects at Fort Dix, New Jersey and at various other installations throughout New
Jersey and New York. The protester contends that the agency failed to conduct
meaningful discussions and that the award determination reflects an improper
cost/technical tradeoff.

The protests are denied.

The RFP contemplated the award of an indefinite delivery/indefinite quantity job
order contract (JOC) for a base year with 2 option years, dividing the work to be


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