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B-277805.2 1 (1998-01-20)

handle is hein.gao/gaocrptahmn0001 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. This redacted version has been approved for public release. Matter of: SCIENTECH, Inc. File: B-277805.2 Date: January 20, 1998 Joseph P. Hornyak, Esq., Sonnenschein, Nath & Rosenthal, for the protester. Scott Van Lente, Esq., and Gena E. Cadieux, Esq., Department of Energy, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's exclusion of the protester's proposal from the competitive range was unreasonable where: (1) the protester's proposal was considered technically acceptable overall and on each evaluation factor, and it had no perceived deficiencies; (2) the past performance/customer satisfaction evaluation did not consider the fact that the protester and its proposed subcontractor were incumbent contractors, performing the same or very similar work for the same contracting activity and the protester had received excellent performance ratings; and (3) the agency did not consider price or cost in determining the competitive range. DECISION SCIENTECH, Inc., protests the Department of Energy's (DOE) decision to exclude it from the competitive range established under request for proposals (RFP) No. DE- RP07-97ID13485 for advisory and assistance support services in support of DOE's Idaho Operations Office (DOE-ID). The protester contends that DOE's evaluation of proposals was unreasonable and that its proposal was improperly excluded from the competitive range. We sustain the protest because DOE, in making its competitive range determination, unreasonably failed to consider cost or price as well as significant relevant past performance information that was highlighted in SCIENTECH's proposal. Issued on March 31, 1997, the RFP contemplated award of three to five indefinite delivery, indefinite quantity, cost reimbursement contracts to replace several

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