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B-405548 1 (2011-11-08)

handle is hein.gao/gaobadond0001 and id is 1 raw text is: 



I      QA                                                                 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.
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          Decision

          Matter of:   Bannum Inc.

          File:        B-405548

          Date:        November 8, 2011

          Joseph A. Camardo Jr., Esq., Camardo Law Firm, for the protester.
          Alex D. Tomaszczuk, Esq., Daniel S. Herzfeld, Esq., and Nicole Y. Beeler, Esq.,
          Pillsbury Winthrop Shaw Pittman, LLP, for Dismas Charities, Inc., an intervenor.
          Christine M. Ciccotti, Esq., Department of Justice, Bureau of Prisons, for the agency.
          Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly considered firm's inability to accept sex offenders at
          its proposed residential reentry center is denied where solicitation contemplated
          consideration of an offeror's proposed site and the impact that the location would
          have on satisfying the requirements of the solicitation and complying with the
          requirements of state and local law.
          DECISION

          Bannum, Inc., of Odessa, Florida, protests the award of a contract to Dismas
          Charities, Inc., of Louisville, Kentucky, under request for proposals (RFP) No. 200-
          1100-NCR, issued by the Department of Justice, Federal Bureau of Prisons (BOP)
          for residential reentry center services. Bannum maintains the agency applied an
          unstated factor in evaluating its proposal.1


          1 In its initial protest, Bannum asserted that Dismas had an improper organizational
          conflict of interest (OCI), and that the agency improperly failed to consider seven
          specific strengths in Bannum's proposal. By letter dated September 2, 2011,
          Bannum withdrew its OCI allegation. With respect to the seven specific strengths
          that Bannum claimed the agency had not evaluated, the agency provided a detailed
          response to each of Bannum's assertions in its report responding to the protest. In
          its comments responding to the agency's report, Bannum makes no further mention
          of the seven alleged strengths. Under the circumstances, we find that Bannum has
                                                                               (continued...)

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