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B-278324.2 1 (1998-02-09)

handle is hein.gao/gaocrptahny0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Noelke GmbH File: B-278324.2 Date: February 9, 1998 Reed L. von Maur, Esq., David L. Krakow, Esq., and John B. Anderson, Esq., Parker, Poe, Adams & Bernstein, for the protester. Laura Smith, Esq., Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's contention that agency improperly canceled solicitation and resolicited as corrective action in response to an earlier meritorious protest is denied where the record shows that the protester was not entitled to award under the earlier solicitation, and where the agency reasonably concluded that the specification overstated the government's needs and the agency might achieve greater competition by resoliciting. Contention that disclosure of prices under the original solicitation barred the agency from canceling and resoliciting without a compelling reason is also denied since neither option--cancellation nor reevaluation of revised proposals--placed the protester in any worse position vis-a-vis other offerors. DECISION Noelke GmbH protests the corrective action taken by the Department of the Army, Corps of Engineers in response to its earlier protest challenging award of a contract to SHE GmbH, pursuant to request for proposals (RFP) No. DACA90-97-R-0060, seeking offers for the renovation of two buildings located at Kleber Kaserne, Kaiserslautern, Germany. No elke argues that, rather than terminating SHE's award and resoliciting for these services, the agency should have made award to Noelke as the offeror with the lowest proposed price under the RFP. We deny the protest. BACKGROUND On October 8, 1997, shortly after learning of award to SEE, Noelke filed a protest with our Office arguing that the evaluation of proposals and the resulting price/technical trade-off--the Army concluded that SKE's higher-rated, higher-priced offer presented the best value to the government--were unreasonable. Prior to submitting the agency report, the Army advised our Office that it was taking

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