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B-275819 1 (1997-04-01)

handle is hein.gao/gaocrptafvu0001 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: Environmental Chemical Corporation File: B-275819 Date: April 1, 1997 John A. Burkholder, Esq., McKenna & Cuneo, L.L.P., for the protester. Kenneth M. Bruntel, Esq., Lloyd M. Weinerman, Esq., and Jonathan A. Epstein, Esq., Crowell & Moring, L.L.P., for UXB International, Inc.; and Paul F. Khoury, Esq., and Mark H. Neblett, Esq., Wiley, Rein & Fielding, for Environmental Hazards Specialists International, Inc., intervenors. Steven W. Feldman, Esq., Department of the Army, for the agency. Andrew T. Pogany, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Selection officials are not bound by recommendations made or price/cost evaluation methodologies used by an agency evaluation panel or other subordinate officials in evaluating price proposals. 2. Source selection officials in negotiated procurements have broad discretion in determining the manner and extent to which they will make use of the technical and cost evaluation results. In exercising that discretion, they are subject only to the tests of rationality and consistency with the established evaluation factors. DECISION Environmental Chemical Corporation (ECC) protests the multiple awards of indefinite delivery/indefinite quantity contracts to UXB International, Inc., Environmental Hazards Specialists International, Inc. (EHSI), and EOD Technology, Inc. under request for proposals (RFP) No. DACA87-96-R-0008, issued as a small business set-aside by the Department of the Army, Corps of Engineers, Huntsville, Alabama, to safely locate, identify, and dispose of ordnance and explosives at various Department of Defense (DOD) sites. We deny the protest. The RFP, issued on January 10, 1996, contemplated multiple awards and stated that the government would award the contracts to the responsible offerors whose offers 308417

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