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B-275756 1 (1997-03-25)

handle is hein.gao/gaocrptafvl0001 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: Theisinger und Probst Bauunternehmung GmbH File: B-275756 Date: March 25, 1997 Daniel F. Crowley, Esq., and Leodis C. Matthews, Esq., for the protester. John E. Lariccia, Esq., Department of the Air Force, for the agency. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Award of a fixed-price contract to a higher-priced, technically superior offeror is unobjectionable where it is consistent with the solicitation evaluation criteria, the agency reasonably determined that the difference in technical merit was sufficiently significant to justify the marginal cost difference, and the record does not support the protester's theory that the agency's source selection authority must have confused proposals in making his selection. DECISION Theisinger und Probst Bauunternehmung GmbH protests the award of a contract to SKE/Klee under request for proposals (RFP) No. F61521-96-R2101, issued by the Department of the Air Force as a Simplified Acquisition of Base Engineering Requirements (SABER) procurement for alteration, maintenance, repair and minor construction work at various facilities in the Kaiserslautern Military Community, Germany. Theisinger contends that the award to a higher-priced offeror was improper because the agency's technical and past performance evaluations were flawed and the agency did not make a proper best value determination. We deny the protest. The solicitation, issued April 23, 1996, contemplated the award of an indefinite quantity, indefinite delivery, firm fixed-price 12-month contract with three 1-year options and a total ceiling of $25 million. The RFP provided for award to the responsible offeror whose offer was found most advantageous to the government considering, in descending order of importance, technical factors, past performance and cost. The solicitation set forth four technical evaluation factors, in descending order of importance: (1) project

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