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B-288852 1 (2001-12-12)

handle is hein.gao/gaocrptamsr0001 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: A&D Fire Protection Inc.

          File:       B-288852

          Date:       December 12, 2001

          Andrew R. Otero, for the protester.
          Phillipa L. Anderson, Esq., Department of Veterans Affairs, 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

          Protest challenging the agency's best value selection, which was to consider both
          technical factors and price, is sustained where the agency failed to consider the
          technically acceptable protester's lower proposed price.
          DECISION

          A&D Fire Protection Inc. protests the award of a contract to Stronghold Engineering,
          Inc. under request for proposals (RFP) No. 101-AC-0189, issued by the Department of
          Veterans Affairs (VA), for design and construction services at the National Cemetery,
          San Diego, California. A&D contends that its low price was not considered in the
          award selection.

          We sustain the protest.

          The RFP was restricted to firms certified under the Small Business Administration's
          section 8(a) set-aside program and provided for the award of a fixed-price contract
          for the design and construction of columbarium niches at the National Cemetery in
          San Diego, California.' The solicitation stated that award would be made on the
          basis of both cost and technical considerations most advantageous to the
          government. The RFP listed the following evaluation factors, in descending order
          of importance: (1) price, (2) construction management including experience,
          (3) past performance with projects of similar scale and scope, and (4) schedule.
          Offerors were further informed that all technical factors combined were


' Columbarium niches are recesses designed to contain urns of ashes.

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