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B-279260 1 (1998-05-26)

handle is hein.gao/gaocrptahsb0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Conwal, Inc. File: B-279260; B-279260.2 Date: May 26, 1998 J. Patrick McMahon, Esq., McMahon, David & Brody, for the protester. Gerald H. Werfel, Esq., Pompan, Murray, Ruffner & Werfel, for Analytical Sciences, Inc., an intervenor. Michael Colvin, Department of Health & Human Services, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Even if the protester's allegations with respect to the reasonableness of the agency's evaluation of the awardee's cost proposal had merit, the protester has failed to show that it was prejudiced by the agency's evaluation of the awardee's proposed c o sts. DECISION Conwal, Inc. protests the award of a contract to Analytical Sciences, Inc. (ASI) under request for proposals (RFP) No. 200-97-0610(P), issued by the Department of Health & Human Services, Public Health Service, Centers for Disease Control and Prevention, for the development, identification, collection, and dissemination of disease prevention communication and information materials through the operation of a Prevention Information Network. Conwal challenges the reasonableness of the agency's evaluation of ASI's cost proposal. We deny the protests. The RFP contemplated the award of a cost-plus-fixed-fee contract for the base period and four 1-year option periods. The RFP provided that the award would be made to the offeror whose integrated proposal (technical proposal, business proposal, oral presentation materials, past performance information, responses to sample tasks, and best and final offer (BAFO)) offered the highest technical merit at the best overall value to the government. The RFP also provided that where competing proposals were determined to be substantially equal, past performance and/or cost would become controlling factors.

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