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B-292091 1 (2003-06-25)

handle is hein.gao/gaobacyja0001 and id is 1 raw text is: 


  I

         G     A    0Comptroller General
 -    -Accountability * Integrity * Reliability                       of the 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:  Dismas Charities, Inc.

          File:       B-292091

          Date:       June 25, 2003

          Alex D. Tomaszczuk, Esq., and Daniel S. Herzfeld, Esq., Shaw Pittman, for the
          protester.
          J. Mark Taylor, Esq., Moore, Taylor & Thomas, for Alston Wilkes Society, an
          intervenor.
          Mary E. Carney, Esq., and Aaron T. Marshall, Esq., U.S. Department of Justice,
          Federal Bureau of Prisons, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest is sustained where agency applied an evaluation scheme other than that
          established by the solicitation, failed to evaluate all of protester's proposal, failed to
          evaluate past performance in a consistent manner and as specified by the
          solicitation, and failed to permit protester to address adverse past performance
          information.

          2. Where contemporaneous record reflects multiple procurement flaws, and the
          agency's post-protest reevaluation of offerors' proposals--which was conducted in
          the heat of an adversarial process--includes, among other things, an increase to the
          awardee's rating which is unsupported by objective documentation, GAO declines to
          afford any material weight to the reevaluation activities and rejects the assertion that
          the reevaluation demonstrates that protester was not prejudiced by the agency's
          errors in the conduct of the procurement.
          DECISION

          Dismas Charities, Inc. protests the Department of Justice, Federal Bureau of Prisons'
          (BOP) award of a contract to Alston Wilkes Society (AWS) pursuant to request for
          proposals (RFP) No. 200-0724-SE to establish, operate, and maintain a community

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