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B-272336 1 (1996-09-27)

handle is hein.gao/gaocrptaeis0001 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: Integrated Systems Group

File:        B-272336; B-272336.2

Date:        September 27, 1996

Shelton H. Skolnick, Esq., Skolnick & Leishman, for the protester.
Melissa K. Erny, Esq., Department of the Navy, for the agency.
John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Where agency permitted offeror to submit information to clarify an ambiguity in the
price of its alternate offer and to make that alternate offer acceptable, the agency
conducted discussions. Since discussions were conducted with one offeror, the
agency should have conducted discussions with all offerors whose proposals were
in the competitive range and permitted those offerors to submit best and final
offers.
DECISION

Integrated Systems Group, Inc. (ISG) protests the award of a contract to Force
Computers, Inc. under request for proposals (RFP) No. N00163-95-R-0003, issued by
the Department of the Navy for central processor units and right to use licenses.
ISG argues that the Navy improperly opened discussions with Force Computers
after initially awarding the contract to ISG.

We sustain the protest.

The solicitation sought proposals for a base quantity of 30 processors and licenses;
offerors could propose specified units manufactured by Force Computers or Themis
Computer, Inc. by inserting prices in the appropriate spaces in section B of the
RFP. Offerors also were to submit prices for processors, licenses, and technical
data for three option periods. Under the RFP, the first option could be exercised
up to 365 days after award, the second option could be exercised up to 730 days
after award, and the third option could be exercised up to 1,095 days after award.
Although the RFP called for prices on 300 processors in each of the option periods,
the solicitation limited the number of processors that could be ordered under the


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