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B-292649.3,B-292649.4 1 (2003-12-30)

handle is hein.gao/gaobacyua0001 and id is 1 raw text is: 


   I

         G     A    0Comptroller General
........ inAccountability * Integrity * Reliability of the United States
United States Government Accountability 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:  Cygnus Corporation, Inc.

          File:       B-292649.3; B-292649.4

          Date:       December  30, 2003

          Hilary S. Cairnie, Esq., and Melissa M. Nichols, Esq., Vorys, Sater, Seymour & Pease,
          for the protester.
          Harvey G. Sherzer, Esq., Scott Arnold, Esq., Tara M. Newmyer, Esq., and Justin A.
          Chiarodo, Esq., Dickstein, Shapiro, Morin & Oshinsky, for The Hill Group, an
          intervenor.
          Michael Colvin, Department of Health & Human Services, for the agency.
          David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Discussions with protester were not meaningful, and protest therefore is sustained,
          where agency (1) failed to advise protester of significant weaknesses in its proposal,
          and (2) conducted misleading discussions concerning other weaknesses or
          deficiencies by advising protester prior to submission of final proposal revisions that
          agreement had been achieved as to all technical and cost issues raised during
          negotiations when in fact the agency's concerns had not been resolved.
          DECISION

          Cygnus Corporation protests the Department of Health and Human Services,
          National Institute of Health's (NIH), award of a contract to The Hill Group (THG),
          under request for proposals (RFP) No. RFP-NIH-NIDDK-02-02, for support services
          for the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK).
          Cygnus challenges the evaluation of proposals and asserts that the agency failed to
          conduct meaningful discussions.

          We sustain the protest.

          The RFP, issued February 21, 2002, contemplated award of a cost-reimbursement
          contract, with a period of 7 years, for support of NIDDK-sponsored scientific
          meetings, conferences and workshops, meetings of NIDDK strategic planning
          groups, and meetings of interagency coordinating committees coordinated and

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