[Request for Reconsideration of Protest of Exclusion From Competitive Range]

B-210709.2: Nov 18, 1983

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A firm requested reconsideration of a decision that denied its protest of the exclusion from the competitive range of its proposal submitted in response to a request for proposals issued by the Department of Transportation for teleprocessing services. The proposal was technically acceptable, but its price was so far out of line with the other offers that it was rejected without negotiations. The protester asked that GAO review the agency's evaluation record to determine the validity of its allegation that the agency held discussions with the awardee prior to the determination of a competitive range. GAO determined that pre-competitive- range discussions were conducted with all offerers, including the protester, and all were given the opportunity to modify their cost tables. However, the protester's costs remained excessive. GAO also found that: (1) the discussion process was not unfair; and (2) the agency had no obligation to enter into further discussions with the protester simply because the awardee's price revisions were more extensive than those made by the protester. Accordingly, the initial decision was affirmed.