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B-293805 1 (2004-04-20)

handle is hein.gao/gaobaczga0001 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: Addison Construction, Inc. File: B-293805 Date: April 20, 2004 Christopher Solop, Esq., and Lynn Hawkins Patton, Esq., Armstrong Allen, for the protester. Alexander T. Bakos, Esq., National Aeronautics and Space Administration, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST General Accounting Office will not consider protest of an award of a subcontract as by the government where prime contractor drafted the sections of the solicitation pertaining to the evaluation of bids, evaluated the bids, and selected the awardee. DECISION Addison Construction, Inc. protests the award of a subcontract by Mississippi Space Services (MSS), a National Aeronautics and Space Administration (NASA) prime contractor, to Holliday Construction Corporation. We dismiss the protest. MSS holds a contract with NASA for the provision of facility operating services at Stennis Space Center, Mississippi. Among the services to be furnished by MSS pursuant to the contract are acquisition services, including the subcontracting out of construction contracts. The contract provides for the initiation of a subcontract construction acquisition by the contractor upon receipt of a request from NASA describing the requirement, known as a Stennis Work Request (SWR). On January 12, 2004, the NASA contracting officer issued an SWR to MSS for site development for a future First Response Facility, and on January 16, MSS issued a request for bid (RFB) for the work. The RFB specified the period of performance as 120 calendar days from the date of award and provided for award to the responsible, responsive, and technically-acceptable bidder whose bid, conforming to the solicitation, will be most advantageous to MSS, considering only price and the

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