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B-400325.10 1 (2011-07-06)

handle is hein.gao/gaobadpoo0001 and id is 1 raw text is: k G A O0 Comptroller General AccountAb iliy * Intglrty * ReIiabiiity 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: East West, Inc. File: B-400325.10 Date: July 6, 2011 David S. Cohen, Esq., John J. O'Brien, Esq., and William J. Bainbridge, Esq., Cohen Mohr LLP, for the protester. Cheryl S. Mpande, Esq., Department of Health and Human Services, for the agency. Jennifer D. Westfall-McGrail, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest objecting to exclusion of proposal from competitive range is denied where protester fails to demonstrate that it was misled by agency into reducing its proposed staffing to an unacceptable level, and where agency reasonably determined that due to protester's failure to propose an adequate approach to staffing and other significant weaknesses in the proposal, major revision of the proposal would be required to make it technically acceptable. DECISION East West, Inc., of Falls Church, Virginia, protests the exclusion of its proposal from the competitive range 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 the evaluation of its proposal was unreasonable. We deny the protest. BACKGROUND This procurement has a lengthy history. The RFP, which contemplates the award of a 5-year (1 base plus 4 option years) indefinite-delivery/indefinite quantity contract, was originally issued on June 4, 2008. The solicitation provides for award to the offeror those proposal represents the best value to the government, technical, cost/price, and past performance (in order of importance) considered. Factors to be

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