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B-279665 1 (1998-07-08)

handle is hein.gao/gaocrptahth0001 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 GAO Protective Order. This redacted version has been approved for public release. Matter of: Technical Support Services, Inc. File: B-279665; B-279665.2 Date: July 8, 1998 Jonathan M. Bailey, Esq., Theodore M. Bailey Law Office, for the protester. Rexford T. Bragaw, III, Esq., Defense Commissary Agency, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the agency disregarded the solicitation's stated best value evaluation scheme and awarded the contract to the offeror of the lowest-priced, technically acceptable proposal without weighing the awardee's low price against the benefits potentially associated with the protester's higher-rated proposal. DECISION Technical Support Services, Inc. (TSSI) protests the Defense Commissary Agency's (DCA) award of a contract for commissary services to Ace Services, Inc., pursuant to request for proposals (RFP) No. DECA01-98-R-0005. TSSI contends that the agency failed to inform it, either in the RFP or during discussions, that the contract was going to be awarded to the offeror of the lowest-priced, technically acceptable proposal. TSSI also contends that DCA did not evaluate proposals and select the awardee in accord with the RFP's stated evaluation scheme, and that DCA unreasonably induced it to increase its staffing levels and its associated prices during discussions and then improperly awarded the contract to Ace on the basis of its lowest-priced proposal. TSSI also alleges that the agency failed to conduct a meaningful price realism analysis of Ace's offer.1 Initial Protest at 4; Supplemental Protest at 1, 11-12. 1In its initial protest, TSSI also alleged that, during discussions, the agency did not allow it to address negative information DCA received regarding TSSI's past performance. The agency report on the initial protest included a detailed response to this allegation, but TSSI did not reply to the agency's response. We therefore consider the issue abandoned. Trijicon. Inc., B-244546, Oct. 25, 1991, 91-2 CPD T 375 at 4 n.3.

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