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B-271877 1 (1996-08-06)

handle is hein.gao/gaocrptaegs0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Barton ATC, Inc. File: B-271877; B-271878 Date: August 6, 1996 Travis L. Pierson for the protester. Col. Nicholas P. Retson, and Maj. Michael J. O'Farrell, Jr., Department of the Army, for the agency. Sylvia Schatz, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency determination that proposals were technically unacceptable is denied where the agency reasonably determined that the proposals failed to indicate an acceptance of, and a clear, unambiguous and unconditional commitment to perform in accordance with, the solicitation provisions regarding (1) the necessity for contracting officer approval before the contractor can be compensated for furnishing additional meteorological services outside the normal hours of operation specified in the solicitations and (2) the required personnel qualifications. DECISION Barton ATC, Inc. protests the proposed award of contracts to Weather Data Services, Inc. under requests for proposals (RFP) Nos. DAHA90-95-R-0049 and DAHA90-95-R-0048, issued by the National Guard Bureau (NGB) for meteorological services for Selfridge Air National Guard Base in Selfridge, Michigan (RFP -0049) and Buckley Air National Guard Base in Denver, Colorado (RFP -0048). Barton, the incumbent for both contracts, primarily challenges NGB's determination that its technical proposals under both solicitations were unacceptable. We deny the protests. The solicitations provided for the contractor to furnish meteorological services such as weather watch, surface weather observations, aircrew weather briefings, meteorological watch, weather warnings and advisories, and terminal forecasting from facilities at the bases. The evaluation schemes in both RFPs were identical; both contemplated the award of a fixed-price contract for a base year and 4 option years to the offeror whose proposal best satisfies the government's requirements based on consideration of two factors, technical and price, with technical being significantly more important than price. 45086

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