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B-266297 1 (1996-02-09)

handle is hein.gao/gaocrptadve0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Overseas Book Co., Inc. File: B-266297 Date: February 9, 1996 Cicely P. Marks for the protester. Janice E. McIntyre for The Faxon Company, Inc., the interested party. Terrence J. Tychan, Department of Health & Human Services, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's determination that protester's initial proposal was technically unacceptable and outside the competitive range was reasonable where the proposal would require major revisions in order to become acceptable. 2. Protester whose proposal was properly found technically unacceptable and excluded from the competitive range is not an interested party to challenge the award, where there is another technically acceptable proposal within the competitive range, since the protester would not be in line for award if its protest were sustained. DECISION American Overseas Book Company, Inc. (AOBC) protests the exclusion of its proposal from the competitive range, and the subsequent award of a contract to The Faxon Company, Inc., under request for proposals (RFP) No. 263-95-P-(AL)-0019, issued by the Department of Health and Human Services (HHS) for subscription services to domestic and foreign serial publications and periodicals for users of the National Institutes of Health libraries. The protester contends that HHS' determination to exclude AOBC's proposal from the competitive range was unreasonable, and that the subsequent award to Faxon at a higher price than AOBC proposed was improper. We deny the protest. The RFP sought proposals for a fixed-price, indefinite delivery/indefinite quantity contract for a 12-month base period of performance, with up to four 1-year option periods. For each contract period, offerors were required to submit fixed unit and extended prices for all items listed in section B of the RFP and a total price. Offerors were required to submit separate technical and business (price) proposals. 111127