B-196518(2),L/M, MAR 12, 1980

B-196518(2),L/M: Mar 12, 1980

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THE SECRETARY OF THE ARMY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY SUSTAINING THE PROTEST OF A.R. & S. WE BELIEVE THAT THE RFP WAS DEFICIENT BECAUSE IT DID NOT ADVISE OFFERORS OF THE RELATIVE IMPORTANCE OF PRICE IN RELATION TO TECHNICAL FACTORS. SINCE WE HAVE CONCLUDED THAT OFFERORS WERE PREJUDICED BY THIS DEFICIENCY. WE RECOMMEND THAT THE PROCURING ACTIVITY AMEND THE RFP ADVISING OFFERORS THAT AWARD WILL BE MADE TO THE TECHNICALLY ACCEPTABLE OFFEROR WHICH SATISFIES THE NEEDS OF THE GOVERNMENT AT THE LOWEST PRICE.

B-196518(2),L/M, MAR 12, 1980

PRECIS-UNAVAILABLE

CLIFFORD L. ALEXANDER, JR., THE SECRETARY OF THE ARMY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY SUSTAINING THE PROTEST OF A.R. & S. ENTERPRISES CONCERNING THE PROPOSED AWARD OF A CONTRACT UNDER RFP DABT11-79-R-0036.

THE RECORD IN THIS CASE SHOWS THAT THE ARMY PROPOSES TO AWARD THE CONTRACT TO THE LOWEST PRICED TECHNICALLY ACCEPTABLE OFFEROR. HOWEVER, WE BELIEVE THAT THE RFP WAS DEFICIENT BECAUSE IT DID NOT ADVISE OFFERORS OF THE RELATIVE IMPORTANCE OF PRICE IN RELATION TO TECHNICAL FACTORS. SINCE WE HAVE CONCLUDED THAT OFFERORS WERE PREJUDICED BY THIS DEFICIENCY, WE RECOMMEND THAT THE PROCURING ACTIVITY AMEND THE RFP ADVISING OFFERORS THAT AWARD WILL BE MADE TO THE TECHNICALLY ACCEPTABLE OFFEROR WHICH SATISFIES THE NEEDS OF THE GOVERNMENT AT THE LOWEST PRICE. THE ARMY SHOULD NEGOTIATE SO THAT OFFERORS IN THE COMPETITIVE RANGE MAY THEN AMEND THEIR PROPOSALS IN LIGHT OF THIS NEW CRITERION.