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B-281074.2 1 (1999-01-11)

handle is hein.gao/gaocrptajfi0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: National Toxicology Laboratories, Inc. File: B-281074.2 Date: January 11, 1999 Jerome S. Gabig, Jr., Esq., and Craig W. Dubishar, Esq., Venable, Baetjer, Howard & Civiletti, for the protester. Robyn Dyson Towles, Department of Justice, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contentions that agency unreasonably evaluated protester's technical proposal and improperly concluded that the awardee's higher-rated, higher-cost proposal offered the best value to the government, are denied where the record shows that the evaluation was reasonable and in accordance with the stated evaluation criteria, and the agency reasonably determined that the technical superiority of the awardee's proposal warranted the cost premium. 2. Contention that agency's method for allocating points for cost placed undue emphasis on technical merit and allegedly resulted in a misleading evaluation is denied where the scoring scheme used by the agency accurately reflects the relative weights of the technical and cost factors announced in the solicitation and there is no evidence that the agency's approach resulted in a distorted or misleading evaluatio n. DECISION National Toxicology Laboratories, Inc. (NTL) protests the award of a contract to PharmChem Laboratories, Inc. under request for proposals (RFP) No. OJP-97-R-010, issued by the Office of Justice Programs of the Department of Justice (DOJ) for technical assistance and inmate drug urinalysis. NTL primarily argues that the agency improperly evaluated its proposal. We deny the protest. The RFP, issued on April 14, 1998, contemplated the award of an indefinite- quantity/indefinite-delivery contract for a base period with up to three 1-year option periods. RFP §§ H-1, L.4, L.6. The RFP contemplated issuing task orders under the proposed contract on a fixed-price basis, time and materials basis, or a combination thereof. RFP § H-1. The RFP required offerors to submit proposals in three

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