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B-293970 1 (2004-07-15)

handle is hein.gao/gaocrptapmy0001 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: National Shower Express, Inc.; Rickaby Fire Support

          File:       B-293970; B-293970.2

          Date:       July 15, 2004

          R. Wade Curtis, Esq., Belnap & Curtis, for National Shower Express, Inc., and Stan
          Rickaby for Rickaby Fire Support, the protesters.
          Donna Wysocki for Bishop Companies, Inc., an intervenor.
          Daniel N. Hylton, Esq., Department of Agriculture, for the agency.
          Henry J. Gorczycki, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency reasonably eliminated proposal from consideration for award where the
          proposal contained general statements of compliance with the technical
          requirements, but failed to clearly demonstrate how its proposed equipment would
          comply with the requirements.

          2. Agency may properly reopen discussions in order to correct a procurement
          defect--improper post-closing discussions only with the awardee--even though an
          award had been made and the award price announced to all offerors.
          DECISION

          National Shower Express, Inc. protests an award to Bishop Companies, Inc., and
          Rickaby Fire Support protests the reopening of discussions, under request for
          proposals (RFP) No. 49-03-06, issued by the Department of Agriculture, Forest
          Service, National Interagency Fire Center, for mobile shower facilities at various
          locations.

          We deny the protests.

          BACKGROUND

          The RFP provided for award of multiple fixed-price requirements contracts, for a
          base year with 4 option years, for mobile shower facilities to be located near 30 cities
          in 12 western states, including Alaska, which were identified as designated dispatch

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