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B-278650 1 (1998-02-20)

handle is hein.gao/gaocrptahpn0001 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: USA TODAY File: B-278650 Date: February 20, 1998 Trisa J. Thompson, Esq., Kelly P. Doran, Esq., and G. Mathew Koehl, Esq., Seyfarth, Shaw, Fairweather & Geraldson, for the protester. David R. Johnson, Esq., Theodore J. Boutrous, Jr., Esq., and James C. Dougherty, Esq., Gibson, Dunn & Crutcher, for Miller Advertising Agency, Inc., an interveno r. John A. Krump, Esq., Department of Justice, for the agency. Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where agency reasonably decides that technical proposals are essentially equal, agency properly may award to low-priced offeror. DECISION USA TODAY protests the Federal Bureau of Investigation's (FBI) award of a fixed- price, indefinite delivery, indefinite quantity contract to Miller Advertising Agency, Inc. under request for proposals (RFP) No. 7116 for advertising services. USA TODAY argues that the FBI failed to evaluate proposals consistent with the stated evaluation criteria and, as a result, performed a flawed price/technical tradeoff analysis. We deny the protest. The RFP is intended to provide advertising to meet the FBI's statutory requirement to provide public notice of seized properties subject to forfeiture. The RFP provided that award would be made to that offeror whose proposal, conforming to the solicitation, was determined to be in the best interests of the government. The RFP stated that proposals would be evaluated for technical capabilities, price, and past performance and that these evaluation areas were listed in order of importance. Technical criteria consisted of the following areas for evaluation:

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