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B-270819.2 1 (1996-05-14)

handle is hein.gao/gaocrptaebf0001 and id is 1 raw text is: 


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

Decision



Matter of: Comfort Inn South

File:        B-270819.2

Date:        May 14, 1996

Phillip E. Johnson for the protester.
Lori S. Chofnas, Esq., Department of the Navy, for the agency.
C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Where record supports agency determination that the need for providing a smooth
transition between civilian and military life mandated consideration of offeror's past
performance in solicitation for lodging and transportation of applicants for military
service, use of negotiated procedures was justified, since award would not be based
on price alone.
DECISION

Comfort Inn South protests the terms of request for proposals (RFP)
No. N00140-96-R-0422, issued by the Department of the Navy, Fleet and Industrial
Supply Center, for accommodations for applicants for military service. Comfort Inn
South essentially challenges the agency's decision to conduct the procurement using
negotiated procedures, rather than sealed bidding.

We deny the protest.

The RFP, issued on December 15, 1995, provides for award of an indefinite delivery/
indefinite quantity contract for a period of 1 year, with three 1-year option periods,
to provide applicants with lodging, meals (breakfast and supper), and transportation
to the Jacksonville, Florida, military entrance processing station (MEPS) in
accordance with the statement of work (SOW). The schedule, section B of the RFP,
requires pricing on the basis of serving an estimated 16,000 applicants during each
year of contract performance, in addition to providing testing rooms (an estimated
264 during the year) and delivering technical data as specified in the SOW.
Section M of the RFP, as amended, states that the agency will consider price and
past performance in selecting the offer most advantageous to the government, with
past performance more important than price.


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