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B-283827 1 (1999-12-27)

handle is hein.gao/gaocrptajnl0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                               of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: B. Diaz Sanitation, Inc.

         File:      B-283827; B-283828

         Date:      December 27, 1999


         Michael A. Gordon, Esq., Holmes, Schwartz & Gordon, for the protester.
         Joshua A. Kranzberg, Esq., and Janet E. Sloan, Esq., Department of the Army, for the
         agency.
         Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protests are denied where the agency's evaluations of proposals were reasonable
         and consistent with the solicitations' evaluation schemes, which provided that an
         offeror's capability was more important than price, and where the contracting officer
         reasonably selected for award higher priced proposals of incumbent contractors
         based on the higher capability ratings given to these contractors.

         DECISION

         B. Diaz Sanitation, Inc. protests the award of a contract to Donato Marangi, Inc.
         (DMI) under request for proposals (RFP) No. DAAG60-99-R-0042 (RFP-0042), issued
         by the United States Military Academy (USMA), West Point, New York, for the
         collection, transportation, and disposal of solid waste and recyclable materials.!
         Diaz also protests the award of a contract to Waste Management, Inc. (WMI) under
         RFP No. DAAG60-99-R-0047 (RFP-0047), issued by the USMA for the collection,
         transportation, and disposal of solid waste at the former Stewart Army Subpost
         (STAS), New Windsor, Orange County, New York. Diaz essentially challenges the
         agency's best value determinations resulting in awards to higher priced incumbent
         c o ntrac to rs.



         'RFP-0042 consolidated requirements previously provided under three separate
         contracts at West Point. Contracting Officer's (CO) Statement-0042 at 1.