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B-293042.3 1 (2004-02-17)

handle is hein.gao/gaocrptapjj0001 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 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: PCA Aerospace, Inc. File: B-293042.3 Date: February 17, 2004 Michael L. Steele, Esq., for the protester. Maj. Jacqueline B. Posner, Department of the Air Force, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of corrective action taken in response to a post-award protest--reopening discussions, reevaluating proposals and making new award determination--is denied where widely disparate pricing among offerors reasonably led agency to conclude that instructions regarding pricing may have confused offerors. DECISION PCA Aerospace, Inc. protests the decision by the Department of the Air Force to terminate its contract awarded under solicitation No. F09603-03-R-22453, reopen discussions to clarify pricing, and conduct a new evaluation and new source selection decision based on the new offers. The Air Force's action was in response to two protests challenging the award on a number of grounds, which led the agency to conclude that its instructions regarding pricing may have caused confusion among offerors. PCA asserts that the Air Force lacks a reasonable basis for the corrective action because the instructions provided by the agency were clear. We deny the protest. The RFP, posted on the Federal Business Opportunities (FedBizOpps) website on August 5, 2003 as a small-business set-aside for the acquisition of up to 1,900 titanium pylon ribs for F-15 aircraft, contemplated the award of a fixed-price requirements contract for a base year, with five 1-year options. The RFP provided for award on the basis of price, first article evaluation, and other non-price factors, in descending order of importance. RFP at 43. All evaluation factors other than price, when combined, were approximately equal in weight to price.

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