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B-288653 1 (2001-10-31)

handle is hein.gao/gaocrptamsk0001 and id is 1 raw text is: 




         G    A    O0                                                 Comptroller General
             A a * Integrity Reliability                              of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Royal Hawaiian Movers, Inc.

          File:       B-288653

          Date:       October 31, 2001

          Marjorie A. Stender, Esq., Luce, Forward, Hamilton & Scripps, for the protester.
          Elizabeth Rivera, Esq., and Lori W.L. Chang, Esq., Department of the Navy, for the
          agency.
          Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Notwithstanding a provision in a request for proposals that price revisions could
          only be made during a reverse auction, the agency reasonably determined to request
          revised price proposals after the end of the auction, in response to an agency-level
          protest, where the solicitation was ambiguous concerning when the auction would
          end and the agency reasonably believed that offerors may have been misled.
          DECISION

          Royal Hawaiian Movers, Inc. protests the agency's decision to obtain revised
          proposals under request for proposals (RFP) No. N00604-01-R-A014, issued by the
          Department of the Navy for drayage services in Hawaii. Royal Hawaiian contends
          that it was entitled to award on the basis of its low price under a reverse auction
          conducted by the agency prior to the request for revised proposals.

          We deny the protest.

          The RFP, issued as a total small business set-aside, provided for the award of
          fixed-price, requirements contract to perform drayage services (movement of
          containers) between points on Oahu, Hawaii for a base year with 4 option years.
          Offerors were informed that award would be made to the offeror submitting the
          lowest-priced, technically acceptable offer.

          The RFP provided for a reverse auction after the submission of initial price
          proposals. Detailed instructions, including a Bidder's Guide, were provided for the
          conduct of the reverse auction. RFP amend. 5, at 2-21. Among other things, offerors

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