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B-272458 1 (1996-10-10)

handle is hein.gao/gaocrptaejg0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Pro Construction, Inc. File: B-272458 Date: October 10, 1996 Joel S. Rubinstein, Esq., and Andrew N. Cook, Esq., Bell, Boyd & Lloyd, for the protester. Scott R. Schoenfeld, Esq., Leonard, Hurt & Parvin, for Texas-Capital Contractors, Inc., an intervenor. George Brezna, Esq., Diane D. Hayden, Esq., and Billie Spencer, Esq., Department of the Navy, for the agency. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Solicitation evaluation scheme which states that technical merit is to be evaluated on the basis of four factors, three of equal importance and one of lesser importance, that technical merit and cost are to be weighed equally, and that award will not necessarily be made to low-priced offeror cannot plausibly be construed to require that award be made to the low-priced, technically acceptable offeror. DECISION Pro Construction, Inc. protests the award of a contract to Texas-Capital Contractors, Inc. under request for proposals (RFP) No. N62470-94-R-4701, issued by the Department of the Navy, Naval Facilities Engineering Command for house repairs and improvements to Capehart Housing at the Marine Corps Air Station Cherry Point, North Carolina. Pro Construction argues that the award determination was inconsistent with the RFP evaluation criteria. We deny the protest. The solicitation, issued March 6, 1996, contemplated the award of a firm, fixed- price/indefinite quantity contract for housing repairs and improvements. The solicitation stated that award would be made to the responsible offeror whose offer, conforming to the solicitation, would be the most advantageous to the government, price and other factors specified in the solicitation considered, and that the government may accept other than the lowest offer. Section 00160 of the RFP set forth the evaluation scheme, specifying that price and technical factors would be weighted equally, and that among the listed technical factors, corporate experience, 10511010

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