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B-274944.5 1 (1997-08-25)

handle is hein.gao/gaocrptafsh0001 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: DynaLantic Corporation File: B-274944.5 Date: August 25, 1997 John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Christina M. Pirrello, Esq., Smith, Pachter, McWhorter & D'Ambrosio, for the protester. David S. Cohen, Esq., Cohen & White, for Marine Safety International, an intervenor. Brian F. Zeck, Esq., Kathy B. Cowley, Esq., and Eric A. Lile, 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 Where General Accounting Office sustained protester's original contention that its proposal had been improperly excluded from the competitive range, and recommended that the procuring agency issue discussion questions to the protester and solicit best and final offers from all competitors, subsequent protest challenging revised terms of original solicitation on the ground that the revisions nullify prior recommendation and preserve the original improper contract award by favoring the prior awardee's pricing approach is denied where: (1) on their face, the challenged revisions reflect reasonable procurement practices; and (2) any possible competitive advantage enjoyed by the original awardee is mitigated by the protester's opportunity to submit a revised proposal responding to the revised terms. DECISION DynaLantic Corporation protests several of the Navy's revisions to request for proposals (RFP) No. N00600-96-R-0749, issued for ship handling simulation services. The Navy made the revisions as a result of implementing our corrective action recommendation in DvnaLantic Corp., B-274944.2, Feb. 25, 1997, 97-1 CPD 101. In that decision, our Office sustained DynaLantic's protest that its proposal had been improperly excluded from the competitive range and recommended that the Navy conduct discussions with DynaLantic and solicit best and final offers (BAFO) from both DynaLantic and Marine Safety International (MSI), the only other offeror. In its current protest, DynaLantic contends that the Navy's removal of the original RFP's 35-percent maximum price premium provision, the incorporation of a present value evaluation factor, and the addition of a funding profile provision improperly

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