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B-270592.2 1 (1996-03-29)

handle is hein.gao/gaocrptadzr0001 and id is 1 raw text is: 


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

Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                        A protected decision was issued on the date below
                                        and was subject to a GAO Protective Order. This
                                        version has been redacted or approved by the parties
                                        involved for public release.


Matter of: Global Industries, Inc.

File:        B-270592.2; B-270592.3; B-270592.4; B-270592.5

Date:        March 29, 1996

Richard S. Ewing, Esq., James A. Dobkin, Esq., John D. Roesser, Esq., Arnold &
Porter, for the protester.
S. Gregg Kunzi, Esq., Thomas L. McGovern III, Esq., and David W. Burgett, Esq.,
Hogan & Hartson, L.L.P., for Nightingale, Inc., an intervenor.
C. Joseph Carroll, Esq., and Jonathan Cramer, Esq., Department of Justice, Federal
Bureau of Prisons, for the agency.
Katherine I. Riback, Esq., Glenn Wolcott, Esq., and Paul Lieberman, Esq., Office of
the General Counsel, GAO, participated in the preparation of the decision.
DIGEST

Agency failed to conduct meaningful discussions in a procurement for ergonomic
chairs where it did not identify evaluated problems with the comfort of the
protester's chairs which were of serious concern to the agency's evaluators but
were considered to be correctable.
DECISION

Global Industries, Inc. protests the award of a contract to Nightingale, Inc. by
Federal Prison Industries, Inc., doing business under the trade name UNICOR,
under request for proposals (RFP) No. IPI-R-0315-95. Global protests, among other
things, that the agency failed to conduct meaningful discussions.

We sustain the protest.

BACKGROUND

The RFP contemplated the award of a 5-year fixed-price requirements contract to
provide two lines of office chairs, the Economy Ergonomic and the Medium
Range Ergonomic. Within each chair line, offerors were required to propose
specified models, plus a variety of options, applicable to the different models being
offered, such as soft wheel casters, seat angle adjustment, and adjustable lumbar
support. The chairs were to be purchased from the awardee in the form of chair
kits that would be assembled by inmates, and then marketed by UNICOR. The RFP


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