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B-276911 1 (1997-07-02)

handle is hein.gao/gaocrptagae0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Working Alternatives, Inc. File: B-276911 Date: July 2, 1997 Barry Rubin and Donald W. Gormly, Jr., Esq., for the protester. Joseph Summerill, Esq., Department of Justice, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting agency properly concluded that protester's proposal was technically unacceptable where the documentation submitted to comply with a mandatory requirement to show the firm's right to use the facility it proposed is insufficient on its face in that it sets out terms dictated by the prospective lessor with no indication that the protester/prospective lessee has agreed to the terms and fails to specify a definite duration of the lease. 2. There is no basis to object to agency decision not to communicate with offeror regarding deficiencies in its documentation submitted to show compliance with a mandatory right to use requirement regarding proposed facility, since any such communication would have constituted discussions, not clarifications, and the solicitation clearly notified offerors of the agency's intention to make award without discussions. DECISION Working Alternatives, Inc. (WAI) protests as improper the rejection of its proposal under request for proposals (RFP) No. 200-374-W, issued by the Department of Justice, Federal Bureau of Prisons, to obtain residential community corrections center services in the Los Angeles, California area. We deny the protest. The solicitation advised that award would be made to the offeror whose offer, conforming to the solicitation, was most advantageous to the government, considering price and various technical factors not at issue here. In addition, proposals would be evaluated to determine whether the offeror complied with several mandatory technical requirements. One of these mandatory requirements concerned the offeror's right to use its proposed facility:

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