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B-402444.4,B-402444.5 1 (2010-10-04)

handle is hein.gao/gaobadbsa0001 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: OLBN Architectural Service, Inc. File: B-402444.4; B-402444.5 Date: October 4, 2010 Lawrence J. Sklute, Esq., Stephen Belcher, Jr., Esq., and William Selinger, Esq., Sklute & Associates, for the protester. Jonathan A. Baker, Esq., Department of Health and Human Services, for the agency. Katherine I. Riback, Esq., Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly excluded protester from further consideration in procurement of architect-engineering services where agency reasonably downgraded the protester's submission consistent with the solicitation evaluation criteria. DECISION OLBN Architectural Service, Inc., of Rockville, Maryland, protests the evaluation and subsequent nonselection of its qualification statement for negotiation of an architect/engineering (A/E) services contract, pursuant to solicitation No. NIHOF2009079, issued by the Department of Health and Human Services, National Institutes of Health (NIH), for general A/E services. OLBN alleges numerous evaluation errors. We deny the protest. BACKGROUND Generally, in acquiring A/E services, a contracting agency must publicly announce its requirements, evaluate the A/E performance data and qualifications statements on file as well as those submitted in response to the announcement, and select at least three firms for discussions without considering price. Negotiations concerning price are then conducted with the highest-ranked firms. See 40 U.S.C. §§ 1101 et seq. (2006); Federal Acquisition Regulation (FAR) Subpart 36.6; EBA Ernest Bland Assocs., B-270496, Mar. 13, 1996, 96-1 CPD ¶ 148 at 1-2.

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