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B-293026 1 (2004-01-20)

handle is hein.gao/gaocrptapjg0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: SOS Interpreting, LTD. File: B-293026; B-293026.2; B-293026.3 Date: January 20, 2004 Alison L. Doyle, Esq., and Dana B. Pashkoff, Esq., McKenna Long & Aldridge, for the protester. Robert M. Moore, Esq., and Kristen A. Bennett, Esq., Moore & Lee, for McNeil Technologies, Inc., an intervenor. Sandra M. DeBalzo, Esq., and J. Michael Sawyers, Esq., Department of Justice, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Source selection decision selecting lower-priced proposal as the best-value under a solicitation containing an evaluation scheme that attached greater weight to technical merit was not reasonably based, where the lower-level evaluators found and documented that the protester's higher-priced proposal was technically superior, and the source selection authority determined the proposals were technically equal and made award based on the low-priced proposal, without considering the areas where the protester's proposal was found technically superior. 2. Agency should not consider protester's earlier agency-level protest in evaluating its proposal in the absence of some evidence of abuse of the bid protest process by the protester. 3. Under procurement for translation services covered by the Service Contract Act (SCA) that required proposals to include realistic prices for option years that allowed for any increases that may affect price, agency did not evaluate proposal prices on an equal basis to account for the real costs to the government, where the awardee's proposed prices for Spanish linguists did not escalate for the option years and its proposal evidenced the intention of obtaining contract price increases if SCA wage determinations increased the awardee's salary or benefit obligations for Spanish linguists, and the other offerors' proposals (and even the awardee's proposal for positions other than Spanish linguists) included escalating prices for the option years that apparently accounted for possible SCA increases.

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