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B-275262.2 1 (1997-02-24)

handle is hein.gao/gaocrptaftw0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Prospective Computer Analysts, Inc. File: B-275262.2 Date: February 24, 1997 Kenneth D. Brody, Esq., McMahon, David & Brody, for the protester. John R. Tolle, Esq., and Monica Gray, Esq., Barton, Mountain & Tolle, for Computer Systems Development Corporation, an intervenor. Theresa Chesnut, Esq., and Peter D. Butt, Esq., Department of the Navy, for the agency. Peter A. Iannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The Navy may properly reopen negotiations after receiving best and final offers where the Navy reasonably decided that further discussions are needed to resolve whether offerors intend to pay minimum wage rates required by the Service Contract Act. DECISION Prospective Computer Analysts, Inc. (PCA) protests the Navy's decision to reopen negotiations with firms whose proposals were determined to be in the competitive range under request for proposals (RFP) No. N00244-96-R-5142 for engineering and technical support services. The protester contends that: (1) the Navy does not have a valid reason for reopening discussions and soliciting a second round of best and final offers (BAFO); (2) Navy officials improperly revealed PCA's proprietary data to a competing offeror, Computer Systems Development Corporation (CSDC) and, therefore, soliciting a second BAFO will result in a prohibited auction; and (3) CSDC should be considered ineligible for contract award because it received and was allowed to review a copy of the RFP before it was issued. We deny the protest. Issued on April 10, 1996, by the Fleet and Industrial Supply Center (FISC) as a total small business set-aside, the RFP requested proposals for providing product development and engineering and technical support services for various Navy systems, including various aircraft, air combat electronic platform support equipment, common support equipment, and aircraft carrier launch and recovery

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