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B-282192 1 (1999-06-10)

handle is hein.gao/gaocrptajiz0001 and id is 1 raw text is: 


Comptroller General
of the United States

Washington, D.C. 20548

Decision



Matter of: Matrix General, Inc.

File:        B-282192

Date:        June 10, 1999


Terry Cowart for the protester.
Justin P. Patterson, Esq., and Sherry K Kaswell, Esq., Department of the Interior, for
the agency.
Linda C. Glass, Esq., Paul E. Jordan, Esq., and Paul I. Lieberman, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Exclusion of protester's proposal from competitive range is unobjectionable where
agency reasonably concluded that, based on its evaluation of the offerors' capability
and price ratings, the proposal was not among the most highly-rated.

2. Protest of agency's failure to allow adequate time for offerors to respond to
solicitation amendment is untimely where allegation initially was raised in
agency-level protest and subsequent protest to General Accounting Office was not
filed within 10 days after closing date for receipt of proposals, which constituted
initial adverse agency action on the protest.
DECISION

Matrix General, Inc. protests the exclusion of its proposal from the competitive range
and the subsequent award of a contract to Rockford Corporation, under request for
proposals (RFP) No. 1443RP991099902, issued by the Department of the Interior,
National Park Service (NPS) for the design, furnishing, and installation of a complete
undergro und fuel sto rage and distribution system at Glacier Bay National Park,
Alaska.

We deny the protest.

The RFP was issued on December 23, 1998, and, as amended, contemplated award of
a fixed-price contract to design, furnish and install a complete underground fuel
storage and distribution system to replace the existing fuel system. RFP attach. I,
at 1. The requirement also included the removal of the existing fuel storage and
distribution system and preparation of Spill Prevention Control and Countermeasure
(SPCC) and Facility Response Plans for the new system. Id.

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