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B-278278 1 (1998-01-14)

handle is hein.gao/gaocrptahnt0001 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: Biospherics, Inc. File: B-278278 Date: January 14, 1998 Eric J. Marcotte, Esq., Carl J. Peckinpaugh, Esq., and Jason I. Hewitt, Esq., Winston & Strawn, for the protester. Richard P. Rector, Esq., Carl L. Vacketta, Esq., and William J. Crowley, Esq., Piper & Marbury, for Park.Net, Inc., an intervenor. Alan D. Grosbeck, Esq., Department of Agriculture, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The contracting agency did not conduct meaningful discussions with the protester, where the agency failed to inform the firm that its cost/pricing was considered unrealistically low, but instead twice encouraged the firm to reduce its proposed price, and where the firm was not given the opportunity to comment on adverse past performance information considered during the evaluation. DECISION Biospherics, Inc. protests the award of a contract to Park.Net, Inc. under request for proposals (RFP) No. FS-WO-97-07, issued by the U.S. Forest Service for the development, implementation, and operation of the National Recreation Reservation Service (NRRS). Biospherics challenges the evaluation of proposals, conduct of discussions, and cost/technical trade-off decision. We sustain the protest on the basis that the Forest Service conducted prejudicially inadequate and misleading discussions with Biospherics. The RFP provides for the award of a fixed-price, requirements contract for a 9.5-year contract period to develop and operate a state-of-the-art reservation service, complete with facilities, personnel, marketing, materials, equipment, communications, information distribution, and transaction record proc essing. The NRRS will allow the public to make reservations via telephone or internet, or at field locations, for federal recreation facilities; these facilities include campgrounds, picnic areas, group use areas, caves, cabins, lookouts, and wilderness access, and

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