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B-309947 1 (2007-10-12)

handle is hein.gao/gaocrptauix0001 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: Central Texas College File: B-309947 Date: October 12, 2007 James R. Lindley, Esq., Lindley, Wiley & Duskie, P.C., for the protester. John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Lei B. Greenspan, Esq., Smith, Pachter, McWhorter, PLC, for Richard Milburn High School, Inc., an intervenor. Peter F. Pontzer, Esq., Department of the Army, for the agency. Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly could make award on basis of initial proposals where solicitation advised offerors of this possibility and contracting officer's decision not to engage in discussions was reasonable. 2. Protest challenging agency's rejection of protester's proposal because the protester submitted an unacceptable subcontracting plan is denied where the solicitation specifically stated that the quality and completeness of the subcontracting plan would be evaluated, and advised that no award would be made to an offeror whose proposal did not include an acceptable subcontracting plan. DECISION Central Texas College (CTC) protests the award of a contract to Richard Milburn High School, Inc. (RMHS) under request for proposals (RFP) No. W911SE7-07-R- 0005, issued by the Department of the Army for foreign language training at various locations. The protester principally contends that the agency unreasonably determined that its subcontracting plan was unacceptable, and improperly elected not to hold discussions. We deny the protest. The RFP sought proposals to provide instructors for specifically listed languages and dialects and anticipated the award of a fixed-price indefinite-delivery requirements contract for a base year with four 1-year options. The RFP advised that award would be made to the lowest-priced technically-acceptable offeror with an acceptable

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