[Protest of Army Corps of Engineers Award of Three Delivery Orders]

B-217420,B-217424,B-217425,B-217426: Mar 27, 1985

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A firm protested the U.S. Army Corps of Engineers' award of three delivery orders to one firm for computer graphics systems, contending that: (1) the Army utilized improper notice procedures by only synopsizing one of the three systems in the Commerce Business Daily; (2) the Army obtained information about its system and used the information for evaluation purposes without notification; (3) the Army made three separate awards instead of a single award to establish a lower price to justify sole-source awards; and (4) a major integral component of one of the systems was not covered under the awardee's General Services Administration (GSA) schedule contract. GAO did not question an Army decision to waive some synopsizing in this procurement because of the urgency of the need, and the action was in accordance with Federal Acquisition Regulations. Furthermore, GAO found that the protester was treated fairly in its proposal evaluation and found no impropriety in the Army's use of the information the protester provided. In addition, GAO found that the protester failed to meet its burden of proof that three separate purchase orders were issued to establish a lower price and justify sole-source awards. Since both the awardee's and the protester's systems were evaluated as technically equal, but the awardee's system was evaluated as less expensive, GAO did not consider the awards improper. Finally, GAO found that the major system components were, in fact, on the awardee's GSA schedule contract. Accordingly, the protest was denied.