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B-271760 1 (1996-05-14)

handle is hein.gao/gaocrptaefy0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Robotic Systems Technology File: B-271760 Date: May 14, 1996 Donald J. Walsh, Esq., Scaldara & Potler, for the protester. James J. McCullough, Esq., Joel R. Feidelman, Esq., and Catherine E. Pollack, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Minowitz Manufacturing Company, the intervenor. Capt. David P. Harney, Department of the Army, for the agency. Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The protester is not an interested party eligible to challenge the award of a contract where the protester during negotiations withdrew its proposed pricing with a promise to perform the contract at pricing to be provided in its best and final offer (BAFO) and the protester did not submit a BAFO or to otherwise confirm its earlier offer by the date and time specified for receipt of BAFOs. DECISION Robotic Systems Technology protests the award of a contract to Minowitz Manufacturing Company under request for proposals (RFP) No. DAAE20-95-R-0251, issued by the Department of the Army for smoke generator sets. We dismiss the protest because Robotic is not an interested party to challenge the award to Minowitz. The RFP provided for the award of a fixed-price contract on a best value basis. Technical and cost proposals were requested. The Army received proposals from three offerors, including Robotic and Minowitz, by the December 11, 1995, closing date for receipt of proposals. All three offerors were included in the competitive range and received discussions. In response to discussions, Robotic modified its initial proposal on January 19, 1996, to substantially lower its proposed price. Thereafter, by amendments 0003 and 0004 to the RFP, the Army modified the solicitation's scope of work. On February 26, the Army directed offerors to agree to 147529

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