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B-270496 1 (1996-03-13)

handle is hein.gao/gaocrptadza0001 and id is 1 raw text is: 


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

Decision



Matter of: EBA Ernest Bland Associates

File:        B-270496

Date:        March 13, 1996

Ernest Bland, EBA Ernest Bland Associates, for the protester.
Paula J. Barton, Esq., Department of State, for the agency.
Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency properly excluded protester from further consideration in procurement of
architect-engineering services where agency reasonably downgraded the protester's
submission consistent with the solicitation evaluation criteria and rated it tenth of
the eighteen submissions.
DECISION

EBA Ernest Bland Associates protests the Department of State's decision to exclude
that firm for further consideration for award of an architect-engineering (A-E)
contract under solicitation No. S-FBOAD-95-R-0213. The procurement, conducted as
a set-aside for small disadvantaged businesses (SDB) under section 8(a) of the
Small Business Act, 15 U.S.C. § 637(a) (1994), contemplated the award of two or
three indefinite quantity contracts for computer assisted design and drafting
(CADD) services. EBA contends that the agency improperly evaluated its
qualifications and those of the offerors selected for further consideration.

We deny the protest.

BACKGROUND

Generally, in acquiring A-E services, a contracting agency must publicly announce
its requirements, evaluate the A-E performance data and qualification statements on
file as well as those submitted in response to the announcement, and select at least
three firms for discussions. Negotiations are first conducted with the highest-
ranked firm. If the agency is unable to agree with that firm as to a fair and
reasonable fee, negotiations are terminated and the second-ranked firm is invited to


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