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B-278904.2 1 (1998-04-02)

handle is hein.gao/gaocrptahqt0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: McNeil Technologies, Inc. File: B-278904.2 Date: April 2, 1998 James L. McNeil for the protester. Gena E. Cadieux, Esq., Patricia D. Graham, Esq., and Joseph A. Lenhard, Esq., Department of Energy, for the agency. Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency failed to award a contract to a small disadvantaged business in derogation of solicitation award provision is denied where the solicitation language addressing awards indicated only that the agency contemplated the award of contracts to a small business, a small disadvantaged business, and a large business, without making awards to all three mandatory. DECISION McNeil Technologies, Inc. protests the Department of Energy's (DOE) failure to award the firm a contract under request for proposals (RFP) No. DE-RP01- 97EI30000, issued by DOE for technical services for the Energy Information Administration (EIA).1 The protester contends that, because its proposal was the highest-ranked one submitted by a small disadvantaged business (SDB), the agency was required to award McNeil a contract in order to comply with the solicitation's award terms. We deny the protest. DOE issued an omnibus RFP, referred to as the EIA Omnibus Procurement (EOP), via the Internet on July 7, 1997, along with a 27-page document titled Answers Regarding Questions to Draft RFP, which provided responses to more than 200 questions that had been submitted concerning a previously disseminated draft solicitation.2 Under the EOP, DOE combined technical services that were currently being performed for EIA under 11 separate support services contracts. The EOP sought separate proposals for three functional areas/contract line item numbers 1EIA is an independent statistical and analytical agency within DOE. 2The agency posted a draft solicitation on the Internet on April 17, 1997.

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