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B-400325.7,B-400325.8 1 (2010-08-06)

handle is hein.gao/gaobadbku0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * 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: East West, Inc. File: B-400325.7; B-400325.8 Date: August 6, 2010 Lawrence S. Sher, Esq., and Steven D. Tibbets, Esq., Reed Smith LLP, for the protester. Janice Davis, Esq., Davis & Steele, for Integrity National Corporation, an intervenor. Cheryl S. Mpande, Esq., Department of Health and Human Services, 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 Protest alleging procurement integrity violation is denied where the only source selection information disclosed by the agency to the awardee prior to award was that its proposal was in line for award, and protester has not demonstrated that it suffered prejudice as a result of the advance notification. DECISION East West, Inc., of Falls Church, Virginia, protests the award of a contract to Integrity National Corporation, of Rockville, Maryland, under request for proposals (RFP) No. 263-2008-P(GG)-0238, issued by the National Institutes of Health (NIH) for custodial services at NIH buildings located in Bethesda, Rockville, and Poolesville, Maryland. The protester argues that agency officials committed a procurement integrity violation by meeting and exchanging procurement-related information with Integrity staff members prior to award of the contract. The protester also argues that NIH officials were biased in favor of Integrity and that the agency failed to conduct a proper investigation of the alleged procurement integrity violation. 'In a supplemental protest filed after receipt of the agency report responding to the above arguments, the protester further argued that the agency's technical evaluation was flawed; the agency had failed to make a responsibility determination; the agency had failed to evaluate offerors' past performance; and the agency had not justified its (continued...)

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