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B-284075 1 (2000-02-16)

handle is hein.gao/gaocrptakzf0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: SWR, Inc. File: B-284075; B-284075.2 Date: February 16, 2000 Benjamin M. Bowden, Esq., Albrittons, Clifton, Alverson & Moody, for the protester. A. Neil Stroud, Esq., and Julius Rothlein, Esq., U. S. Marine Corps, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the contracting agency awarded contract on the basis of a proposal that did not conform to several material solicitation requirements. DECISION SWIR, Inc. protests the award of a contract to Stephenson's Appliance by the United States Marine Corps pursuant to request for proposals (RFP) No. M6700199R0004. The protester contends that the Corps should have rejected the proposal submitted by Stephenson's Appliance as unacceptable because the proposal did not meet a number of RFP requirements. The protester also contends that the agency's past performance evaluation was unreasonable and that the agency improperly held discussions solely with the awardee. We sustain the protest. Issued on May 20, 1999, the RFP solicited proposals for repair services to appliances (i.e., refrigerators, stoves/ranges, and dishwashers) in family housing units at Camp Lejeune, North Carolina. The RFP contemplated that the services would be performed on a fixed-price per repair call basis for a basic period of I year with options for 4 additional years. RFP § B. The RFP stated that the contract would be awarded to the offeror whose proposal was determined to be most advantageous after evaluation of past performance, technical proposal, and price factors, and

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