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B-409617.3 1 (2014-07-21)

handle is hein.gao/gaobadqlh0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
r       Accountablity * 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.
           D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Native Resource Development Company

           File:       B-409617.3

           Date:       July 21, 2014

           Ruth E. Ganister, Esq., Rosenthal and Ganister, LLC, for the protester.
           Darwin A. Hindman III, Esq., and Joshua A. Mullen, Esq., Baker, Donelson,
           Bearman, Caldwell & Berkowitz, PC, for Bestway Services, Inc., the intervenor.
           W. Kent Davis, Esq., and Jessica Lane Day, Esq., Department of Homeland
           Security, Federal Emergency Management Agency, for the agency.
           Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
           General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest is sustained where agency found protester's proposed level of staffing to
           be a weakness based on mechanical application of an undisclosed government
           estimate, and finding was of critical significance in agency's best value tradeoff
           decision.

           2. Protest challenging agency's rating of protester's past performance as
           satisfactory rather than outstanding is sustained where agency fails to rebut
           protester's allegation that its past performance met the definition for a rating of
           outstanding.
           DECISION

           Native Resource Development Company (NRDC), of Bernalillo, New Mexico,
           protests the rejection of its proposal and the award of a contract to Bestway
           Services, Inc., of Nashville, Tennessee, under request for proposals (RFP) No.
           HSFE20-14-R-0001, issued by the Department of Homeland Security, Federal
           Emergency Management Agency for facility operations and support services for the
           Center for Domestic Preparedness in Anniston, Alabama. The protester challenges
           the agency's evaluation of proposals and best value trade-off decision.


We sustain the protest.

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