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B-286335 1 (2000-11-24)

handle is hein.gao/gaocrptalfy0001 and id is 1 raw text is: 4 . G A 0 Comptroller General Accountability * Integrity * Reliability United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: NMS Management, hie. File: B-286335 Date: November 24, 2000 Nancy 0. Dix, Esq., and Matthew C. Bernstein, Esq., Gray Cary Ware & Freidenrich, for the protester. James F. Nagle, Esq., Oles Morrison Rinker & Baker, for Acepex Management Co rpo ratio n, an interveno r. Wilson J. Campbell, Esq., and V. Paul Clay, Esq., Department of the Navy, 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 Where the solicitation provided for award on the basis of initial proposals without conducting discussions, the agency reasonably determined not to communicate with the protester or its team member regarding adverse past performance information reported by one of the team member's contract references since there was no inconsistency between the reference's narratives and the overall rating assigned for the team member's performance of the particular contract. DECISION NMS Management, Inc. protests the award of a fixed-price contract to Acepex Management Corporation under request for proposals (RFP) No. N68711-00-R-7604, issued by the Department of the Navy for custodial and janitorial services at various facilities in San Diego County, California. We deny the protest. The RFP provided that in determining the proposal most advantageous to the government, the technical evaluation factors (experience/past performance and management/administratio n plan), when combined, would be approximately equal in importance to price. In addition, the RFP provided that if technical differences between proposals were insignificant, but price differences were significant, then price would be the most important factor. The RFP also advised offerors that award

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