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B-275999.2 1 (1997-02-12)

handle is hein.gao/gaocrptafwu0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Siebe Environmental Controls

             File:       B-275999.2

             Date:        February 12, 1997

             Robert G. Watt, Esq., Marybeth Z. Gaul, Esq., and Timothy E. Heffernan, Esq., Watt,
             Tieder & Hoffar, L.L.P, for the protester.
             Steven W. Feldman, Esq., for the agency.
             Jerold D. Cohen, Esq., Office of the General Counsel, GAO, participated in the
             preparation of the decision.
             DIGEST

             General Accounting Office (GAO) will not consider a protest that is based on the
             protester's belief that it has been and would be a good contractor and that it
             submitted a proposal that met all necessary criteria at a low price, so that the
             exclusion of its proposal from the competitive range cannot be reasonable, since a
             valid protest for purposes of GAO's Bid Protest our Regulations must include a
             detailed statement of the legal and factual protest grounds. The protester should
             diligently pursue information that would form a valid basis for protest through other
             than the bid protest process, e.g., by requesting a debriefing or by a request
             pursuant to the Freedom of Information Act.
             DECISION

             Siebe Environmental Controls protests the exclusion of the firm's proposal from the
             competitive range under Corps of Engineers request for proposals No. DACA87-96-
             R-0025. We dismiss the protest.

             The Corps notified Siebe of the rejection of the proposal by letter of January 2,
             1997, which the firm received on January 13. The letter simply advised that Siebe's
             proposal was determined to be outside the competitive range, containing various
             deficiencies and weaknesses which preclude you from having a reasonable chance
             for award. Siebe protested to our Office on January 17, arguing that, Upon
             information and belief, Siebe's offer represents the best value to the Government
             and met all of the factors or evaluation criteria set forth in the solicitation for
             award. Siebe further maintained that Upon information and belief, the Contracting
             Officer's basis for excluding Siebe from the competitive range is unsupportable,
             and that the Corps's action therefore is in violation of law and regulation.


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