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B-277917 1 (1997-12-08)

handle is hein.gao/gaocrptagea0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. It has been approved for public release. Matter of: Magnum Products, Inc.; Amida Industries, Inc. File: B-277917; B-277917.2; B-277917.4 Date: December 8, 1997 William E. Hughes III, Esq., Whyte Hirschboeck Dudek S.C., for Magnum Products, Inc., and Irvin V. Plowden, Jr., for Amida Industries, Inc., the protesters. Alexander J. Brittin, Esq., and Suzanne L. Karbarz, Esq., McKenna & Cuneo, L.L.P., for T & J Manufacturing, Inc., an intervenor. Joseph Summerill, Esq., U.S. Department of Justice, Federal Prison Industries, for the agency. Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's determination that protester's revised proposal remained technically unacceptable after discussions, and that the proposal should be eliminated from further consideration for award, was proper where the agency reasonably concluded that the proposal would require major revision in order to become acceptable and the record shows that, in light of overall technical inferiority and higher price of its proposal, protester did not have a reasonable chance of receiving award. 2. Protest that awardee fails to comply with solicitation's experience requirements is denied where solicitation did not expressly prohibit offerors from relying on proposed subcontractors to meet the requirements and awardee's proposal shows that proposed major subcontractor has required experience. DECISION Magnum Products, Inc. and Amida Industries, Inc. protest the award of a contract to T & J Manufacturing, Inc. under request for proposals (RFP) No. 1PI-R-0613-97, issued by the Department of Justice, Federal Prison Industries (FPI) for portable floodlight systems and related support services. Magnum protests that the agency's exclusion of its proposal from the competitive range was unreasonable; both Magnum and Amida challenge the award to T & J. We deny the protests.

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