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B-293519 1 (2004-03-23)

handle is hein.gao/gaobacypw0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
 .. . .Accountability * Integrity * Reliability                     of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter  of: All Building Services, Inc.

         File:       B-293519

         Date:       March  23, 2004

         Sam  Z. Gdanski. Esq., Jeffrey I. Gdanski, Esq., and Scott H. Gdanski, Esq., for the
         protester.
         Rita M. Liotta, Esq., General Services Administration, for the agency.
         Katherine I. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         Protest against rejection of proposal as unacceptable is denied where, although
         proposal included acknowledgment of amendment adding contract line item number
         (CLIN) that added additional work, proposal did not include a price for the new
         CLIN because offeror submitted the original rather than the revised price schedule;
         by not submitting a price or indicating that the new CLIN would be performed at no
         charge, the offeror created doubt as to whether it was obligating itself to perform the
         additional work and the proposal therefore was technically unacceptable.
         DECISION

         All Building Services, Inc. (ABS) protests the General Services Administration's
         (GSA) award of a contract to Enovity, Inc., under request for proposals (RFP)
         No. GS-09P-03-KSC-0155, for operation and maintenance services at the Phillip
         Burton Federal Building in San Francisco, California. ABS challenges the agency's
         rejection of its proposal as unacceptable.

         We  deny the protest.

         The RFP, issued as a small business set-aside for a commercial item, contemplated
         the award of a fixed-price contract, for a base year with four option years, for
         operation, maintenance and repair services. Award was to be made to the
         responsible offeror whose offer, conforming to the solicitation, would be most
         advantageous to the government, price and other factors considered. According to
         the RFP, the technical evaluation factors, when combined, were significantly more
         important than price. The RFP advised that since the agency intended to evaluate

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