About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-299533 1 (2007-05-14)

handle is hein.gao/gaocrptauff0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability 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: Battelle Memorial Institute

          File:        B-299533

          Date:        May 14, 2007

          Richard B. Oliver, Esq., and David J. Ginsberg, Esq., McKenna Long & Aldridge LLP,
          for the protester.
          Scott C. Briles, Esq., and Elise Harris, Esq., Department of Health & Human Services,
          for the agency.
          Sharon L. Larkin, Esq., Guy. R. Pietrovito, Esq., and James A. Spangenberg, Esq.,
          Office of the General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Agency's decision to exclude protester's proposal from competition for failing to
          include option year pricing was reasonable, where the solication required that
          proposals contain this pricing and provided for award without discussions; agency
          was not required to allow protester to correct mistake because, although the
          omission was evident on the face of the proposal, the protester's intended pricing for
          the option years was not apparent.
          DECISION

          Battelle Memorial Institute protests the exclusion of its proposal from the
          competition under request for proposal (RFP) No. 2006-N-08556, issued by the
          Department of Health and Human Services (HHS) for comprehensive technical,
          scientific, research, and public health support for the National Center on Birth
          Defects and Developmental Disabilities. Battelle contends that the agency
          improperly rejected its proposal for omitting option year pricing and that the agency
          should have, instead, allowed the firm to correct the omission.

          We deny the protest.

          The RFP provided for either a single award or multiple awards of fixed-price
          indefinite-delivery/indefinite-quantity (ID/IQ) contracts with cost-plus-fixed-fee
          task orders. RFP at 67-68. Each ID/IQ contract award was to be for a 12-month base
          period with nine 1-year options, and the maximum value for each awarded contract
          was stated to be $92 million. Id. at 2-3.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most