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B-271288.2 1 (1996-10-09)

handle is hein.gao/gaocrptaeds0001 and id is 1 raw text is: 


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

Decision



Matter of: Custom Data Services

File:        B-271288.2

Date:        October 9, 1996


Frank Casey for the protester.
Rose Trafton, Esq., Department of the Navy, for the agency.
Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's decision to bundle agency's requirements into one
procurement rather than issuing multiple solicitations is dismissed as untimely
where agency's bundling approach was apparent from the face of the request for
proposals, but protest was not filed prior to the closing time for receipt of
proposals.

2. Agency properly excluded protester's technically unacceptable proposal from the
competitive range since it had no chance of being selected for award despite its low
price.

3. Protest challenging technical evaluation of proposal is dismissed as untimely
where not filed within 14 days after protester was informed of deficiencies in its
proposal.

4. Where agency holds discussions with competitive range offerors and requests
best and final offers (BAFO), offerors properly may revise their proposals in their
BAFOs.

5. Protester is not an interested party to challenge acceptability of awardee's
proposal where it would not be in line for award even if the proposal were rejected.
DECISION

Custom Data Services (CDS) protests the award of contracts to SSAI and Eagle
Systems under request for proposals (RFP) No. 68335-95-R-0063, issued by the
Department of the Navy for engineering and technical services. The protester
complains that the agency improperly bundled the solicitation's requirements, and
objects to the technical evaluation of its proposal and its premature elimination
from the competitive range.


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