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B-295989 1 (2005-06-01)

handle is hein.gao/gaocrptaqwb0001 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: Front Line Apparel Group File: B-295989 Date: June 1, 2005 Ruth E. Ganister, Esq., Rosenthal and Ganister, for the protester. James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried, Frank, Harris, Shriver & Jacobson, LLP, for Tullahoma Industries, LLC, an intervenor. John P. Patkus, Esq., Defense Logistics Agency, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where record shows that agency improperly engaged in a second round of discussions with awardees, but not protester; while there is nothing inherently improper in an agency's conducting additional discussions relating to previously-discussed issues with only one or a limited number of offerors where the agency has remaining concerns relating to those issues, where agency conducts multiple rounds of discussions relating to the same issues with one offeror, it must afford other similarly-situated offerors the same benefit of additional discussions. DECISION Front Line Apparel Group (FLAG) protests the award of several contracts under request for proposals (RFP) No. SP0100-04-R-0135, issued by the Defense Logistics Agency (DLA) to acquire Army combat uniform trousers. FLAG maintains that the agency misevaluated proposals and engaged in unequal discussions among the offerors. We sustain the protest. The RFP contemplated the award of multiple indefinite-delivery, indefinite-quantity contracts to supply army combat uniforms. A portion of the requirement was set aside for small businesses and the balance was solicited on an unrestricted basis; FLAG's protest concerns only contract line item numbers (CLIN) 0011 and 0012, which were for trousers and were set aside for competition among small businesses.

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