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B-270702 1 (1996-02-15)

handle is hein.gao/gaocrptaeam0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Carter Industries, Inc. File: B-270702 Date: February 15, 1996 Marc Lamer, Esq., Kostos and Lamer, for the protester. James G. Birnbaum, Esq., and Dawn Marie Piselli, Esq., Davis, Birnbaum, Marcou, Seymour & Colgan, for ORC Industries, Inc., an intervenor. Gweyn Colaberdino, Esq., Defense Logistics Agency, for the agency. Linda S. Lebowitz, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where the protester fails to timely protest a defect in the solicitation's initial proposal award provision, that is, the failure of the solicitation to include one of two mandatory alternate clauses which indicate either the agency's intention to conduct discussions prior to making an award or the agency's intention to award without discussions, the agency's decision to award a contract on the basis of initial proposals without discussions to an offeror which submitted a higher technically rated, higher-priced proposal was reasonable and consistent with the terms of the solicitation. DECISION Carter Industries, Inc. protests the award of a contract to ORC Industries, Inc. under request for proposals (RFP) No. SPO100-95-R-0148, issued by the Defense Personnel Support Center, Defense Logistics Agency, for quantities of parkas and trousers. Carter argues that the agency improperly awarded the contract on the basis of initial proposals without discussions. We dismiss the protest. The RFP, issued on June 16, 1995, contemplated the award of a firm, fixed-price, indefinite quantity contract for a base period with 2 option periods. The RFP stated that the award would be made to the responsible offeror whose proposal was deemed to represent the most advantageous proposal to the government, technical evaluation factors and price considered. The RFP contained the following technical evaluation factors, listed in descending order of importance: (1) experience/past performance; (2) manufacturing plan; (3) quick response; (4) electronic data interchange; and (5) quality assurance plan. With respect to experience/past 104213

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