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B-291893 1 (2003-04-24)

handle is hein.gao/gaobacyhk0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Atlantic Coast Contracting, Inc. File: B-291893 Date: April 24, 2003 Jennifer L. Bowman, Esq., Ward and Smith, for the protester. Philip E. Adams, Esq., Naval Supply Systems 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 requirement in solicitation for a food services procurement for clean, available dinnerware and utensils with zero deviation unduly restricts competition is denied where the protester fails to refute agency's position that these performance standards are necessary to protect the health of its personnel. DECISION Atlantic Coast Contracting, Inc. protests the terms of request for proposals (RFP) No. N68836-03-R-00 17, issued by the Department of the Navy for full food services at three galleys at the United States Naval Base Guantanamo Bay, Cuba. Atlantic, the incumbent contractor for the services, contends that certain requirements in the RFP are unreasonable and unduly restrictive of competition. We deny the protest. The RFP contemplates the award of a fixed-price contract (with incentive award fee terms) for a 6-month base period and 3 option years to the offeror whose proposal is considered the most advantageous to the government, considering technical, past performance, and price factors, where technical and past performance factors combined are more important than price. The RFP calls for offerors to submit resumes for designated key personnel and requires that the successful offeror assign to the contract those individuals for whom resumes were submitted. Atlantic argues that these provisions effectively require an offeror to hire its proposed key personnel before contract award in order to ensure

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