About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-279811 1 (1998-07-24)

handle is hein.gao/gaocrptahtt0001 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: Applied Companies

             File:       B-279811

             Date:       July 24, 1998

             Brian J. Donovan, Esq., Peter B. Jones, Esq., and Toni L. DeGasperin, Esq., Jones &
             Donovan, for the protester.
             Jeffrey I. Kessler, Esq., and John J. Reynolds, Esq., Department of the Army, for the
             agency.
             Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Agency properly excluded protester's two proposals from the competitive range
             where protester's responses to discussion questions (especially regarding ability to
             comply with system capacity requirements, which was identified as a proposal
             deficiency) lacked sufficient detail to satisfy agency's concerns about feasibility of
             approach and protester's understanding of requirements, and where record shows
             that, as a result, protester's proposals no longer had a reasonable chance for award.

             2. Contracting agencies are not obligated to afford all-encompassing discussions
             that spoon-feed an offeror each item that must be addressed to improve a
             proposal; agencies are only required to lead offerors into the areas of their
             pro po sals considered deficient and requiring amplification.
             DECISION

             Applied Companies protests the exclusion of its two proposals from the competitive
             range under request for proposals (RFP) No. DAAB07-97-R-E341, issued by the U.S.
             Army Communications-Electronics Command (CECOM). Applied challenges the
             agency's evaluation of its proposals and contends that the agency failed to conduct
             meaningful discussions with the firm.

             We deny the protest.

             The RFP, as amended, contemplated the award of a fixed-price contract for
             42 split-pack air conditioners (referred to as Environmental Control Units (ECU)),
             capable of producing a normal cooling capacity of 24,000 (24K) British Thermal
             Units per Hour (BTUH) and a normal heating capacity of 30,000 BTUH; these ECUs

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most