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B-274335 1 (1996-12-04)

handle is hein.gao/gaocrptaelp0001 and id is 1 raw text is: oComptroller 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: Harry A. Stroh Associates, Inc. File: B-274335 Date: December 4, 1996 Gilbert J. Ginsburg, Esq., and Raymond Fioravanti, Esq., Epstein, Becker & Green, P.C., for the protester. Donald E. Barnhill, Esq., and Joan K Fiorino, Esq., East & Barnhill, for Ace Maintenance & Services, Inc., an intervenor. Thomas J. Duffy, Esq., and Terence Cleary, Esq., Department of the Army, for the agency. Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where a request for proposals sets forth the provisions of Federal Acquisition Regulation § 52.215-16, Alternate II (FAC 90-31), advising offerors of the agency's intent to award without conducting discussions, contracting agency may properly do so, provided the contracting officer reasonably determines that discussions are unnecessary. Contracting agency reasonably determined to award to the offeror which submitted the technically superior proposal at a fair and reasonable price based on initial proposals, despite protester's arguments that a possibility existed that its inferior technical proposal could eventually become, through discussions, the best value proposal. DECISION Harry A. Stroh Associates, Inc. (Stroh) protests the award of a fixed-price contract, on the basis of initial proposals, to Ace Maintenance & Services, Inc. under request for proposals (RFP) No. DABT11-96-R-0001, issued by the Department of the Army for complete housekeeping services at several hospitals and clinics. Stroh contends that the agency unreasonably failed to conduct discussions by making award on the basis of initial proposals.1 'In its comments on the agency report, the protester withdrew certain other issues initially raised in its original protest. 122110

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