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B-280003 1 (1998-08-12)

handle is hein.gao/gaocrptahuf0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Madico, Inc. File: B-280003 Date: August 12, 1998 Jay Larkin for the protester. John S. Albanese, Esq., Department of Defense, for the agency. Linda C. Glass, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly selected higher-priced proposal is denied where the solicitation made technical considerations more important than price and the agency reasonably concluded that the technical superiority of the awardee's proposal warranted payment of the associated price premium. DECISION Madico, Inc. protests the award of a contract to Mid-Atlantic Service & Supply Corporation under request for proposals (RFP) No. MDA946-98-R-3001, issued by the Department of Defense, Washington Headquarters Services for the purchase and installation of security glass coverings at the Pentagon. Madico objects to the agency's decision to award to Mid-Atlantic at a price higher than that offered by Madico. We deny the protest. The solicitation, issued December 5, 1997, contemplated the award of a fixed-price contract for the purchase and installation of fragment retention film on windows at the Pentagon building and windows at the Child Care Center at the north side of the Pentagon. The RFP provided that proposals would be evaluated on the basis of (in descending order of importance) technical capability of the item offered to meet the government requirement, price, and past performance, and that award would be made to the offeror whose proposal conforming to the solicitation would be most advantageous to the government. RFP, Addendum No. 4, § 52.212-2, Evaluation -- Commercial Items. One of the RFP requirements for the fragment retention film was that it shall exhibit a flame spread index not exceeding 25 and a smoke

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