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B-284078 1 (2000-02-15)

handle is hein.gao/gaocrptakzg0001 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: EA Industries, hie. File: B-284078 Date: February 15, 2000 Marc Lamer, Esq., Kostos and Lamer, for the protester. James J. McCullough, Esq., and Catherine E. Pollack, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Terry Manufacturing, Inc., an intervenor. Keith Levinson, Esq., Defense Logistics Agency, 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 Where protester's proposal is found marginally acceptable, four other proposals were rated acceptable, and the agency considered price in its competitive range determination, the contracting agency reasonably excluded the protester's proposal from the competitive range. DECISION EA Industries, hie. protests the exclusion of its proposal from the competitive range for a contract to be awarded under request for proposals (RFP) No. SPO100-99-R-0012, issued by the Defense Logistics Agency, Defense Supply Center Philadelphia, for c o mbat c o ats. We deny the protest. The RFP, as ame nd e d, c o nte mplate d award o f four fix e d-pric e, ind e finite-quantity contracts for varying percentages of the projected quantities of combat coats, for 1 year with 4 option years. RFP at 8, 67 and 116. The RFP provided for award to the offeror whose proposal provided the best value to the government, price and other factors considered. RFP at 8. The solicitation established four award scenarios for 35 percent, 30 percent, 20 percent and 15 percent of the total quantity, with a 10-percent price evaluation adjustment for small disadvantaged business concerns (SDB). RFP at 72. Each award scenario was to be evaluated separately and offerors could submit separately priced offers for each award scenario; however, no offeror

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