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B-283010.3 1 (2000-01-24)

handle is hein.gao/gaocrptakxv0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: MG Industries File: B-283010.3 Date: January 24, 2000 Cyrus E. Phillips IV, Esq., Kilcullen, Wilson and Kilcullen, for the protester. Bernard J. Roan, Esq., National Aeronautics & Space Administration, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging source selection official's determination that offers were essentially technically equal is denied where evaluation record supports that judgment and source selection official reasonably made awards on basis of lower evaluated prices, notwithstanding solicitation's emphasis on technical merit over price. 2. Awardee's prices are not unbalanced where there is no evidence that prices are significantly understated or overstated. 3. Protest that agency improperly failed to evaluate spot pricing discounts is denied where solicitation did not provide for evaluation of spot pricing discounts, and neither awardee nor protester proposed any spot discounts; rather, spot pricing provision simply permits such discounts during contract performance. 4. Communication with awardee requesting awardee to clarify statement in alternate proposal involves clarifications, not discussions, where record shows that communication with awardee provided no opportunity to revise its offer and was not intended to permit submission of revised offer. DECISION MG Industries (MGI) protests the award of contracts to BOC Gases and Praxair, Inc. by the National Aeronautics and Space Administration (NASA) under request for quotations (RFQ) No. 10-99-0017, for commercially available liquid oxygen (L02) and

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