[Protest of Any DSS Contract Award for Operating Uniformed Services Primary Care Centers]

B-224434: Nov 25, 1986

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A firm protested any award under a Defense Supply Service (DSS) contract award for operating two uniformed services primary care centers, contending that: (1) DSS improperly excluded it from the competitive range since its proposal was ranked third and was marginally satisfactory, not technically unacceptable; and (2) the conclusion that its proposal had no reasonable chance of award lacked a reasonable basis. GAO held that: (1) DSS did not comply with regulations since it did not use price in its determination of the competitive range; and (2) excluding an offerer from the competitive range solely on the basis of technical considerations was improper, unless the offerer's proposal was technically unacceptable. Accordingly, GAO sustained the protest, and since it could not recommend contract termination due to urgent and compelling needs, it recommended that DSS exercise no contract options, resolicit for the subsequent year's needs, and allow the protester to recover the costs of filing and pursuing its protest.