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B-281745.2 1 (1999-04-29)

handle is hein.gao/gaocrptajhw0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Federal Security Systems, hie. File: B-281745.2 Date: April 29, 1999 Hilary Cairnie, Esq., Dykema Gossett, for the protester. Ronald H. Uscher, Esq., and Nick R. Hoogstraten, Esq., Bastianelli, Brown & Kelley, for Federal Lock & Safe, Inc., an intervenor. James L. Weiner, Esq., Department of the Interior, for the agency. Jacqueline Maeder, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined to take corrective action by amending solicitation and requesting revised pro po sals after disclosing pro tester/awardee's prices where award had been made on the basis of a materially defective solicitation. DECISION Federal Security Systems, Inc. (FSS) protests the corrective action taken by the Department of the Interior, National Business Center in response to a protest filed in our Office by Federal Lock & Safe, Inc. under request for proposals (RFP) No. 14-01- 0001-98-R-15 for locksmith services under which FSS had been awarded a contract. Federal Lock had alleged in its protest, among other things, that the RFP was ambiguous and that the estimated quantities were not based on realistic and current usage information. At the time that Federal Lock filed its protest with our Office, Interior had already determined that it was necessary to reevaluate the quantity estimates for the solicitation, which was for the award of an indefinite-delivery, indefinite-quantity (ID/IQ) contract, and that the solicitation was unclear about what was actually being requested for several line items. Agency Report, Mar. 1, 1999, at 2. The agency determined to take corrective action and issued an amendment which provided definitions for certain contract line items (CLIN), revised minimum and/or maximum estimated quantities for approximately half of the CLINs and requested new best and final offers (BAFO) from competitive range offerors. Id. FSS contends that the solicitation was not ambiguous and that the amendment did not change the estimates significantly. FSS also objects that its prices have been disclosed to the competitive range offerors, placing FSS at a competitive disadvantage and improperly creating an auction.

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