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B-274140.2 1 (1996-12-26)

handle is hein.gao/gaocrptaeku0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: The Cowperwood Company File: B-274140.2 Date: December 26, 1996 Edward V. Gregorowicz, Jr., Esq., for the protester. David H. Peirez, Esq., Reisman, Peirez, Reisman & Calica, and Robert G. Fryling, Esq., Blank Rome Comisky & McCauley, for Continental Terminals, Inc., an interveno r. Barry D. Segal, Esq., General Services Administration, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly may reopen discussions and request an additional round of best and final offers from all competitive range offerors in order to permit offeror an opportunity to correct proposal deficiency and possibly obtain lower price; agency reasonably determined that reopening in such circumstances is in government's interest. 2. Where agency provided protester with evaluation information during debriefing held before making award to another offeror, but subsequently determined that it was necessary to reopen the competition, agency properly equalized the protester's potential competitive advantage by disclosing similar information to the other offerors in the competition. DECISION The Cowperwood Company protests the decision of the General Services Administration (GSA) to reopen discussions and request additional rounds of best and final offers (BAFO) under solicitation for offers (SFO) No. MNY95-387, issued by GSA for the construction and lease of office space. We deny the protest. GSA received and evaluated several initial proposals. Following discussions, the agency advised the competitive range offerors that it would not evaluate the prices proposed for the option period. Because the BAFO option prices were widely divergent, however--GSA believed that offerors, knowing that the option prices would not be evaluated, had no incentive to offer competitive prices--GSA decided 9011223

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