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B-283822 1 (1999-12-20)

handle is hein.gao/gaocrptajnk0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Century Elevator Inc. File: B-283822 Date: December 20, 1999 Brian D. Yoklavich, Esq., Taylor & Yoklavich, for the protester. Richard P. Fowler, Esq., Proffitt and Fowler, for the John F. Kennedy Center for the Performing Arts. Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where agency reasonably concluded that protester's proposal is not technically acceptable, agency was not required to consider proposal for award notwithstanding that protester proposed a lower price than the awardee. 2. Agency is not required to hold discussions to allow offeror to improve its proposal where solicitation advises offerors of the possibility of award without discussions. DECISION Century Elevator Inc. protests the rejection of its proposal and the award of a contract to Millar Elevator Services Company under request for proposals (RFP) No. JFKC01-99-R-0007, issued by the John F. Kennedy Center for the Performing Arts for elevator and escalator maintenance and repair. Century contends that its proposal should have been selected because it represented the best value to the government. We deny the protest. The RFP, which was issued on April 12, 1999, contemplated the award of a fixed- price contract, with a time-and-materials portion, for a base and 4 option years. The RFP provided for the evaluation of technical proposals, past performance, and price, with award to be made to the offeror whose proposal represented the best value to the government. RFP §§ M.7.1, M.8.1. Technical subfactors (corporate organization/structure; recruitment of personnel--training; quality control plan; and

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