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B-288280 1 (2001-10-10)

handle is hein.gao/gaocrptamrq0001 and id is 1 raw text is: G A 0 Comptroller General Accountablity* Integrity Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Finlen Complex, Inc. File: B-288280 Date: October 10, 2001 Frank Taras for the protester. Phillip E. Johnson, Federal Contract Specialists, Inc., for Best Western Butte Plaza Inn, an intervenor. Col. Michael R. Neds, Capt. Ryan M. Zipf, and Matthew W. Bowman, Esq., Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Notwithstanding statement in solicitation that simplified acquisition procedures were being used and authority at Federal Acquisition Regulation (FAR) § 12.602(a) not to disclose the relative weight of evaluation factors when using simplified procedures, an agency's failure to disclose the relative weight of evaluation factors was unreasonable because basic fairness dictated disclosure of the relative weights where the agency required offerors to prepare detailed written proposals addressing unique government requirements. 2. Protester's contention that an agency's decision to assign a weight of 5 percent to a solicitation's past performance evaluation factor violates FAR § 12.206 (providing that past performance should be an important element of every evaluation) is denied as the FAR provision is discretionary, not mandatory. 3. Even in a commercial acquisition using simplified procedures, where an agency requests detailed written proposals, a selection decision is improper where it lacks a rationale which sets forth a basis for the tradeoffs made, including an explanation of any perceived benefits associated with additional costs. DECISION Finlen Complex, Inc. protests the award of a contract to the Best Western Butte Plaza Inn by the Department of the Army's Directorate of Contracting, Fort Knox, Kentucky, pursuant to request for proposals (RFP) No. DABT23-01-R-0010, issued to

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