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B-277497 1 (1997-10-17)

handle is hein.gao/gaocrptagcl0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Vistron, Inc. File: B-277497 Date: October 17, 1997 Allan Johnson for the protester. Col. Nicholas P. Retson and Capt. Bryant S. Banes, Department of the Army, for the agency. Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency failed to evaluate and consider the alleged technical superiority of a proposal for a commercial item is denied where the solicitation did not include any technical evaluation factors and it is clear that award was to be made on the basis of low price. DECISION Vistron, Inc. protests the award of a contract to Paging Network of Philadelphia (Pagenet) under request for proposals (RFP) No. DAKF29-97-R-0011, issued by the Department of the Army for the lease of pagers and related services. Vistron alleges that the agency improperly failed to consider the technical superiority of Vistron's proposal and instead made award on the basis of low price. We deny the protest. The requirement at issue was originally solicited by the Army under invitation for bids (IFB) No. DAKF29-97-B-0009, which was canceled on January 17, 1997, because all bidders had failed to acknowledge an amendment. Thereupon, the procurement was converted to competitive negotiation procedures under RFP No. DAKF29-97-R-0006 (R-0006). Proposals under R-0006 were submitted by January 29. On February 3, Vistron was informed that its prices were too high, that it needed to sign a procurement integrity certification, and that best and final offers (BAFO) were due on February 12. Three amendments were issued to R-0006 in response to questions submitted by Vistron. Amendment 0001, issued on February 7, deleted three line items; amendment 0002, issued on February 10, postponed BAFOs indefinitely; and amendment 0003, issued on February 20, revised the schedule and set March 6 as the new closing date for BAFOs.

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