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B-272230.4 1 (1996-09-05)

handle is hein.gao/gaocrptaeig0001 and id is 1 raw text is: ' ITV' 14395 Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Touchstone Textiles, Inc. File: B-272230.4 Date: September 5, 1996 Mary C. Sorrell, Esq., for the protester. Elizabeth R. Bagwell, Esq., Department of the Navy, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly eliminated protester's initial offer from further consideration in negotiated competition for deck refurbishment services where protester's best and final offer (albeit submitted late) modified its initial offer and therefore operated as a revocation of the initial offer. DECISION Touchstone Textiles, Inc. protests the award of a contract to Bay Harbor Company, Inc. under request for proposals (RFP) No. N00604-96-R-0010, issued by the Department of the Navy for deck covering services at Pearl Harbor, Hawaii. Touchstone submitted an initial proposal for this procurement but failed to submit its best and final offer (BAFO) by the scheduled BAFO closing time. Although Touchstone concedes that the contracting officer properly rejected its late BAFO (as required by Federal Acquisition Regulation (FAR) § 15.412 (FAC 90-39), see Cyber Digital Inc., B-270107, Jan. 24, 1996, 96-1 CPD 20), Touchstone contends that it should have received contract award based upon its initial proposal--which was technically acceptable and lower-priced than the awardee's.1 We deny the protest. 1The RFP (which was issued on December 12, 1995) contemplated the award of a fixed-price, indefinite quantity requirements contract to the lowest-priced, technically acceptable offeror.

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