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B-289575.2 1 (2004-02-20)

handle is hein.gao/gaocrptaphg0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy 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: Dismas Charities, Inc. File: B-289575.2; B-289575.3 Date: February 20, 2004 Alex D. Tomaszczuk, Esq., and Daniel S. Herzfeld, Esq., Shaw Pittman, for the protester. Joseph A. Camardo, Jr., Esq., and Kevin M. Cox, Esq., for Bannum, Inc., an intervenor. Katherine A. Day, Esq., Bureau of Prisons, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly failed to accord past performance factor greater weight in evaluation than other factors--as provided in solicitation--is denied where record shows that agency did give past performance greater weight than other factors--in the form of 100 more possible evaluation points--but determined that, despite protester's scoring advantage for past performance, proposals were equal under all technical factors combined, leading to award based on awardee's lower price. 2. Agency was not required to perform price realism analysis where solicitation contemplated award of a fixed-price, rather than a cost-reimbursement, contract and did not provide that such an analysis would be performed. DECISION Dismas Charities, Inc. protests the award of a contract to Bannum, Inc. under request for proposals (RFP) No. 200-0669-SE, issued by the Bureau of Prisons (BOP) for Community Corrections Center services for federal offenders held in Savannah, Georgia. Dismas complains that BOP failed to make award in accordance with the solicitation, and improperly evaluated Bannum's prices. We deny the protest. The solicitation, which contemplated the award of a fixed-price contract, provided for a best value award based on an evaluation under four factors: past

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