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B-286454.2 1 (2001-09-12)

handle is hein.gao/gaocrptammd0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Clearwater Instrumentation, Inc. File: B-286454.2 Date: September 12, 2001 Jay P. Urwitz, Esq., and Barry J. Hurewitz, Esq., Hale and Dorr, for the protester. Stephen S. Kaye, Esq., and Rebecca A. Ford, Esq., Bryan Cave, for MetOcean Data Systems Limited, an intervenor. Talbot J. Nicholas II, Esq., Department of Transportation, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where agency took corrective action in response to an earlier protest by amending the solicitation and reopening discussions, the prior disclosure of protester's prices and the request for final proposal revisions did not create an improper auction. DECISION Clearwater Instrumentation, Inc. protests the award of a contract to MetOcean Data Systems Limited under request for proposals (RFP) No. DTCG40-00-R-50012, issued by the Department of Transportation, United States Coast Guard, for self-locating datum marker buoys, which are designed to be deployed from aircraft and are oceanographic drifters that provide near real-time surface current data during search and rescue missions. Clearwater challenges the award to MetOcean, which submitted a technically equal, lower-priced proposal. We deny the protest. BACKGROUND Prior Protest The RFP, issued on May 19, 2000, contemplated the award of a fixed-price requirements contract. The RFP stated that the award would be made to the responsible offeror whose proposal was determined most advantageous to the government, considering technical evaluation factors (which included, in descending

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