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B-401751 1 (2009-10-16)

handle is hein.gao/gaobadbax0001 and id is 1 raw text is: 




         G     A    0                                                 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:  Manthos  Engineering, LLC

          File:       B-401751

          Date:       October  16, 2009

          Terry E. Thomason, Esq., Corianne W. Lau, Esq., and Jessica Y. K. Wong, Esq., Alston
          Hunt Floyd & Ing, for the protester.
          Janis P. Rodriguez, Esq., and Ryan M. Kabacinski, Esq., U.S. Department of
          Transportation, Maritime Administration, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest challenging agency's rejection of protester's proposal is denied where
          proposal lacked required option year pricing.
          DECISION

          Manthos Engineering, LLC., of Honolulu, Hawaii, protests the award of a contract to
          TEC, Inc., under request for proposals (RFP) No. DTMA1RO9008, issued by the U.S.
          Department of Transportation, Maritime Administration, for assistance in upgrading
          the harbors in Hawaii. Manthos complains that the agency improperly evaluated its
          cost proposal.

          We deny the protest.

          The RFP, which contemplated the award of a cost-reimbursement contract for a
          3-year base period with four 1-year option periods, provided that cost would be
          evaluated by adding the total proposed cost for the base period and all option
          periods. RFP at 72. The RFP also stated that the agency intended to make award on
          the basis of initial proposals, without discussions. Id. at 65. Manthos submitted a
          cost proposal for the base period, but did not include any pricing for the option
          periods. Protest at 5; Agency Report at 4. The agency did not reject the proposal
          but, instead, attempted to calculate option prices from the information included in
          the proposal. The agency ultimately determined that TEC's proposal, not Manthos's,
          represented the best value, and thus made award to TEC. Manthos challenges the
          evaluation and selection decision on several grounds.

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