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B-293215 1 (2004-02-10)

handle is hein.gao/gaobacypo0001 and id is 1 raw text is: 


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         G     A     0                                                 Comptroller 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:  USFilter Operating Services, Inc.

          File:        B-293215

          Date:        February 10, 2004

          Kenneth A. Martin, Esq., Martin & Associates, for the protester.
          Michael W. Clancy, Esq., Dykema Gossett, for American Water Systems, Inc., an
          intervenor.
          Gregory Zagorin, Esq., Defense Logistics Agency, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly failed to conduct meaningful discussions with
          protester is denied where record shows that agency specifically brought its concerns
          to protester's attention during negotiations.
          DECISION

          USFilter Operating Services, Inc. (USF) protests the award of a contract to American
          Water Services, Inc. (AWS) under request for proposals (RFP) No. SP0600-01-R-
          0067, issued by the Defense Logistics Agency (DLA) to privatize the water and
          wastewater systems at Fort Rucker, Alabama. USF asserts that the agency
          improperly failed to conduct meaningful discussions with USF, improperly evaluated
          AWS's proposal, and made award without regard for the solicitation's evaluation and
          award criteria.

          We deny the protest.

          The RFP was  issued pursuant to the authority in 10 U.S.C. § 2688 (2000), under
          which the Secretary of a military department may convey some or all of the
          government's interest in a utility system to a municipal, private, regional, district or
          cooperative utility company or other entity. Where more than one entity is
          interested in the conveyance, competitive procedures must be used to determine
          which entity will be the eventual conveyee. 10 U.S.C. § 2688(b)(1). The Secretary
          may not make the conveyance  unless an economic analysis has been presented to
          various committees of Congress showing that the long-term economic benefit of the

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