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B-260953.4 1 (1995-10-04)

handle is hein.gao/gaocrptacaw0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of: Krueger International, Inc.

File:        B-260953.4

Date:        October 4, 1995

David T. Ralston, Jr., Esq., Leonard, Ralston, Stanton, Remington & Danks, for the
protester.
Thomas L. McGovern III, Esq., and S. Gregg Kunzi, Esq., Hogan & Hartson, for
Nightingale, Inc., an interested party.
Octavia Johnson, Esq., Department of Justice, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency proposal to reopen discussions and request the submission of samples and
technical information, but not to permit revision of cost proposals, is
unobjectionable where discussions are necessary only to correct technical
proposals, and corrections are unlikely to have a cost impact.
DECISION

Krueger International, Inc. protests the award of a contract to Nightingale, Inc.
under request for proposals (RFP) No. 1PI-C-2010-95, issued by the Department of
Justice, Federal Prison Industries (known as UNICOR), for stacking chairs and
occasional seating. Krueger contends that the awardee's proposal fails to comply
with mandatory solicitation requirements and challenges the agency's proposed
corrective action as inadequate.

We deny the protest.

The RFP contemplated the award of a 5-year requirements contract. The
solicitation generally provided for award to be made to the responsible offeror
whose proposal represents the best value to the Government. The RFP listed two
specific evaluation factors: (1) total cost, which was slightly more important than
(2) technical quality. The technical quality factor included consideration of
compliance with the performance standards in RFP section C
(Description/Specifications/Statement of Work), as well as four specific subfactors:
(1) the acceptability of the components offered; (2) whether any assembly,


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