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B-270172 1 (1996-02-13)

handle is hein.gao/gaocrptadxc0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Marine Pollution Control Corporation File: B-270172 Date: February 13, 1996 Thomas G. Rollins, Esq., for the protester. Isaac Johnson, Jr., Esq., United States Coast Guard, for the agency. Christine Davis, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where offerors are required to propose on a firm, fixed-price basis in a negotiated procurement, a proposal, which does not contain an unequivocal offer to perform at a firm, fixed price, cannot be accepted for award. DECISION Marine Pollution Control Corporation (MPC) protests the award of a contract to DonJon Marine Co., Inc. under request for proposals (RFP) No. DTCG84-95-R- HYR752, issued by the United States Coast Guard, for the removal of oil from a sunken tank barge. MPC argues that the Coast Guard made various errors in evaluating its proposal, including determining that it failed to offer firm, fixed prices, and that the Coast Guard awarded the contract to a firm which suffers from an organizational conflict of interest. We deny the protest. The tank barge Cleveco sank in Lake Erie in 1942. The RFP requires the contractor to remove an estimated 164,750 gallons of oil from the barge, to sell or otherwise dispose of any recovered oil, and to clean the site. The RFP contemplated a combination firm, fixed-price and time-and-materials contract to perform these services. In this regard, the RFP pricing schedule contained four contract line items (CLIN); lump-sum, fixed-prices were requested for CLIN No. 0001, Removal of Oil, and CLIN No. 0003, Clean Up/Remediation Services. (The non-fixed-price, time- and-materials CLINs (Nos. 0002 and 0004) are not relevant to this decision.) The RFP provided for an evaluation of the realism and reasonableness of the prices proposed, and asked offerors to submit cost breakdown information for this purpose. The RFP established a best value evaluation scheme, in which technical quality was more important than price. 832213

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