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B-291954.3 1 (2003-10-06)

handle is hein.gao/gaobacylh0001 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:  Beautify Professional Services Corporation

         File:        B-291954.3

         Date:        October 6, 2003

         Janice Davis, Esq., Davis & Steele, for the protester.
         Donald E. Barnhill, Esq., Law Offices of Barnhill & Associates, for Southway
         Services, an intervenor.
         Maj. Lawrence M. Anderson, Department of the Air Force, 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

         Protest of the award to a firm with a higher past performance rating and a higher
         price is sustained where the source selection authority ignored the protester's
         significantly lower price and, as a result, failed to justify the payment of a substantial
         price premium.
         DECISION

         Beautify Professional Services Corporation protests the award of a contract to
         Southway  Services under request for proposals (RFP) No. F05611-02-R-0027, issued
         by the Department of the Air Force for custodial services for the academic area at
         the United States Air Force Academy in Colorado Springs, Colorado. Beautify
         challenges the agency's decision to award a contract to an offeror submitting a
         higher-priced proposal.

         We  sustain the protest.

         BACKGROUND

         The RFP  was issued on July 19, 2002, as a total small business set-aside, commercial
         item acquisition conducted in accordance with Federal Acquisition Regulation (FAR)
         Parts 12 and 15. The RFP contemplated the award of a fixed-price contract for the
         base period and four 1-year option periods. The RFP, which included the clause at
         FAR  § 52.212-2, captioned Evaluation--Commercial Items, stated that the agency
         would  award a contract to the responsible offeror whose proposal, conforming to
         the RFP, was determined most advantageous to the government, with past

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