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B-278195.2 1 (1998-01-07)

handle is hein.gao/gaocrptahni0001 and id is 1 raw text is: 


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

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a I
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.



             Matter of: Robotic Systems Technology

             File:        B-278195.2

             Date:        January 7, 1998

             Donald J. Walsh, Esq., Scaldara & Potler, L.L.P., for the protester.
             John B. Denniston, Esq., and Jason A. Levine, Esq., Covington & Burling, for
             Intellitec Division, Technical Products Group, Inc., an intervenor.
             Joshua A. Kranzberg, Esq., and Phillip B. Hunter, Esq., Department of the Army, for
             the agency.
             Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO,
             participated in the preparation of the decision.
             DIGEST

             1. Communications between offeror and contracting agency which were under-
             taken for the purpose of accounting for an apparent inconsistency in the offeror's
             cost summaries, the resolution of which was clear from a close reading of the cost
             proposal, without the agency providing the offeror any opportunity for substantive
             revision of its cost proposal, constituted clarifications and not discussions.

             2. Agency reasonably determined that protester's proposal was unacceptable where
             the technical proposal was deficient in a number of material areas including the
             failure to provide adequate information about the proposed test program and a
             crucial aspect of the item to be developed, and the cost proposal lacked sufficient
             detail concerning substantial work to be performed by subcontractors.

             3. Contracting agency is not obligated to conduct discussions with offeror which
             submitted unacceptable cost and technical proposals where the solicitation advised
             all offerors that the government intended to make award on the basis of initial
             proposals without holding discussions, if possible, and specifically warned offerors
             that initial proposals should contain the offeror's best technical and cost terms.
             DECISION

             Robotic Systems Technology (RST) protests the award of a contract to the Intellitec
             Division of Technical Products Group, Inc. (Intellitec), under request for proposals
             (RFP) No. DAAMO1-96-R-0079, issued by the Department of the Army for
             engineering and manufacturing development (EMD) of the Joint Services
             Lightweight Standoff Chemical Agent Detector (JSLSCAD). RST contends that the

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