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B-297234.2 1 (2005-12-27)

handle is hein.gao/gaocrptaqzp0001 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: Wiltex Inc. File: B-297234.2; B-297234.3 Date: December 27, 2005 Joseph J. Petrillo, Esq., Petrillo & Powell, PLLC, for the protester. Merilee D. Rosenberg, Esq., and Philip Kauffman, Esq., Department of Veterans Affairs, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's selection decision is sustained where the record shows that the awardee's proposal failed to address material solicitation requirements and that the agency failed to treat offerors equally by making award to the awardee despite the deficiencies in its proposal, while finding the protester's proposal unacceptable for similar deficiencies. DECISION Wiltex Inc. protests the award of a contract to Medical Gas Technology (MGT) under request for proposals (RFP) No. 528A7-33-05, issued by the Department of Veterans Affairs (VA) for installation of a scroll medical air compressor unit at the Syracuse, New York, VA Medical Center. The protester contends that the agency improperly awarded to MGT on the basis of a proposal that failed to address all material solicitation requirements. We sustain the protest. The RFP provided for award to the offeror whose proposal was determined most advantageous to the government, price and other factors considered, with past performance and technical, when combined, of equal importance to delivery availability and price. RFP at 22. The RFP advised offerors that the agency intended to evaluate offers and award a contract without discussions, but reserved to the agency the right to conduct discussions if determined by the contracting officer to be necessary.

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