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B-181705 1 (1975-02-25)

handle is hein.gao/gaobadceg0001 and id is 1 raw text is: . THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-l1705 DATE: February 25, 1975 MATTER OF: Agbabian Associates DIGEST: Although protester's proposal was judged technically acceptable, contracting officer has wide discretion in evaluating technical and cost proposals and he properly awarded a cost plus fixed fee contract at a higher estimated cost where record shows reasonable support for agency's greater confidence in proposal selected. Agbabian Associates (Agbabian) protests the award of a contract under Request for Proposals (RFP) NHTSA-4-B526 issued by the National Highway Traffic Safety Administration (NHTSA). The objective of the contract was to obtain data from a series of automotive crash tests to support a Vehicle Rating System being developed under an existing contract with the General Electric Company. The RFP indicated that two cost plus fixed fee contracts would be awarded as a result of the solicitation. Essentially, Agbabian contends it should have been awarded a contract since it is technically qualified to perform and its proposed costs were less than one of the successful offerors. Six proposals were received in response to the RFP and three were determined to be within the competitive range. After receipt of proposals and prior to conducting negotiations, the NHTSA decided that its crash test program could be enhanced by a minor change in the specifications. The original RFP stipulated that crash tests were to be conducted with bullet and target vehicles and that two instrumented anthropomorphic test dummies conforming to the design, performance and calibration criteria described in Title 49, Code of Federal Regulations (CFR), Part 572 were to be placed inside each target vehicle. Since additional test data could be obtained if dummies were placed in the bullet cars as well, the specifications were changed accordingly. NHTSA believed the change was minor in nature and would not prejudice those offerors who were not considered for negotiations. - 1 -

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