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B-277545 1 (1997-10-27)

handle is hein.gao/gaocrptagcr0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Roxco, Ltd.

             File:       B-277545

             Date:       October 27, 1997

             William R. Purdy, Esq., Lynn H. Patton, Esq., and Christopher Solop, Esq., Ott &
             Purdy, for the protester.
             Thomas F. Gardner, Esq., and David C. Clement, Esq., Gardner & Kewley, for
             Spartan Building Corporation, an intervenor.
             George N. Brezna, Esq., and Vicki E. O'Keefe, Esq., Department of the Navy, for the
             agency.
             Christine Davis, Esq., and James A. Spangenberg, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             Agency reasonably decided to reopen discussions and amend the solicitation's
             evaluation criteria after making award, where the agency found that the unamended
             evaluation criteria may not have allowed for selection of the most advantageous
             offer.
             DECISION

             Roxco, Ltd. protests the agency's decision to reopen discussions and reevaluate
             proposals after making award to Roxco under request for proposals (RFP) No.
             N62467-95-R-1156, issued by the Department of the Navy, Naval Facilities
             Engineering Command (NAVFAC), to design and build Bachelor Enlisted Quarters
             (BEQ) at the Naval Support Activity, New Orleans, Louisiana. Roxco argues that
             this is unwarranted and will result in an improper auction.

             We deny the protest.

             The RFP required the design and construction of a BEQ to include individual living
             units, common areas (e.g., lobbies, laundry rooms, and administration spaces), and
             landscape work. Each individual BEQ unit was to include two living/sleeping
             rooms, a kitchenette, a bathroom, and storage space. The RFP, as amended, did
             not require a specific number of BEQ units, but invited offerors to propose between
             60 and 80 units, with an option reserved by the agency to order 12 units more than
             the basic quantity proposed by the offeror.

             The RFP solicited price and technical proposals for evaluation on a best value basis.
             Price and technical factors were of equal importance. There were five technical

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