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B-293097.2 1 (2004-02-02)

handle is hein.gao/gaocrptapjz0001 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: Kaneohe General Services, Inc. File: B-293097.2 Date: February 2, 2004 Timothy H. Power, Esq. for the protester. Peter J. Lenhart, Esq., for KN Lawn Service, Inc., an intervenor. Damon Martin, Esq., Richard G. Welsh, Esq., Robert Little, Esq., and Ron R. Ashlock, Esq., Department of the Navy, Naval Facilities Engineering Command, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly induced offeror to increase its price during discussions is denied where record shows discussions were proper and that protester increased its price in an exercise of its own business judgment. DECISION Kaneohe General Services, Inc. protests the propriety of discussions held with the firm under request for proposals (RFP) No. N62742-02-R-22 11, issued as a competitive section 8(a) set-aside by the Department of the Navy, Naval Facilities Engineering Command, for grounds and tree maintenance services at Pearl Harbor, Hawaii. The protester contends that by releasing government estimate information during discussions, and noting that some of Kaneohe's line item prices differed from the agency's estimates, the agency unfairly misled it into believing its prices were unreasonably low, and thus improperly induced the firm to increase its overall price beyond the price of the contract ultimately awarded to KN Lawn Service, Inc. under the RFP. We deny the protest. The RFP called for award of a fixed-price contract with an indefinite-quantity item for a base year and 4 option year periods. The two equally weighted factors for award were price and technical (which included two equally weighted subfactors, past performance/experience and execution).

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