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B-282122.3 1 (1999-08-02)

handle is hein.gao/gaocrptajit0001 and id is 1 raw text is: 


Comptroller General
of the United States

Washington, D.C. 20548

Decision



Matter of: Blocacor, LDA

File:       B-282122.3

Date:       August 2, 1999


J. Hatcher Graham, Esq., for the protester.
Clarence D. Long, III, Esq., Department of the Air Force, for the agency.
Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Where agency presents a reasonable basis for finding protester nonresponsible if it
had been in line for award, General Accounting Office will not consider argument
regarding technical acceptability of proposal since protester would not be in line for
award even if it prevailed.
DECISION

Blocacor, LDA protests the rejection of its offer and the award of a contract to
Meneses & McFadden, Cartor and VHC Joint Venture under request for proposals
(RFP) No. F61040-99-R-0003, issued by the Department of the Air Force for
demolition of a hospital building and dormitory at Lajes Air Base, Azores, Portugal.
The protester argues that the agency wrongly found its proposal technically
unacceptable based on its failure to submit past performance and other requested
information. Blocacor also argues that the agency violated the Federal Acquisition
Regulation (FAR) by engaging in discussions with some, but not all, offerors, and that
the Air Force improperly failed to allow a reasonable time for the submission of
responses to its discussion questions and to request another round of best and final
offers (BAFO).

We deny the protest.

BACKGROUND

The RFP provided for award to the offeror whose proposal meets the solicitation's
minimum criteria for acceptable award at the lowest price. RFP at 3. Proposals
were to be evaluated on the basis of the following factors:


1. Total overall price of proposal

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