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B-409831 1 (2014-07-30)

handle is hein.gao/gaobadqnu0001 and id is 1 raw text is: 




 G              A   O                                                     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.
           D e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   Bannum, Inc.

           File:        B-409831

           Date:       July 30, 2014

           Nancy M. Camardo, Esq., Justin T. Huffman, Esq., and Joseph A. Camardo, Jr.,
           Esq., Camardo Law Firm, PC, for the protester.
           Daniel S. Herzfeld, Esq., Alex D. Tomaszczuk, Esq, and Meghan Doherty, Esq.,
           Pillsbury Winthrop Shaw Pittman LLP, for Dismas Charities, Inc., the intervenor.
           William Robinson, Esq., and Seth Bogin, Esq., Department of Justice, Federal
           Bureau of Prisons, for the agency.
           Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest alleging that the agency held unequal discussions concerning price is
           denied where it is inherently within an agency's discretion to inform an offeror during
           discussions that its price appears to be high in comparison to other offeror's
           proposed prices, and where the discussions were reasonably and properly tailored
           to address the concerns associated with each firm's proposal.

           2. Protest challenging contracting officer's affirmative determination of responsibility
           is dismissed where the assertion on which the protest is based does not constitute
           the type of allegation that triggers Government Accountability Office (GAO) review
           of affirmative responsibility determinations under GAO's Bid Protest Regulations.
           DECISION

           Bannum, Inc., of Odessa, Florida, protests the award of a contract to Dismas
           Charities, Inc., of Louisville, Kentucky, by the Department of Justice, Federal
           Bureau of Prisons (BOP), under request for proposals No. 200-1212-CS, for
           residential reentry center services in Nashville, Tennessee. Bannum asserts that

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