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B-415201.2,B-415201.3 1 (2018-04-13)

handle is hein.gao/gaobadusi0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Priority One Services, Inc.

File:        B-415201.2; B-415201.3

Date:        April 13, 2018

Barbara S. Kinosky, Esq., Tyler J. Freiberger, Esq., David R. Warner, Esq., and Heather
B. Mims, Esq., Centre Law and Consulting, LLC, for the protester.
Michael L. Sterling, Esq., Anthony J. Mazzeo, Esq., and Blake R. Christopher, Esq.,
Vandeventer Black LLP, for The Bionetics Corporation, the intervenor.
Jonathan A. Baker, Esq., and Christopher M. Johnson, Esq., Department of Health and
Human Services, for the agency.
Kenneth Kilgour, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that agency unreasonably evaluated protester's technical proposal and past
performance is denied where the protester does not challenge the agency's evaluation
of its proposal as technically unacceptable for failure to provide a key person with the
required certification and the record shows that that evaluation of past performance was
reasonable and consistent with the terms of the solicitation.

2. Protest that agency unreasonably eliminated the protester from the competitive
range is denied; an agency may reasonably exclude from the competitive range a
proposal evaluated as technically unacceptable.

3. Protest that agency engaged in unequal discussions is denied; an agency may
reasonably continue discussions with only the offerors in the competitive range and the
protester has not shown how it was prejudiced.
DECISION

Priority One Services, Inc., of Alexandria, Virginia, protests the award of a contract to
The Bionetics Corporation, of Yorktown, Virginia, under request for proposals (RFP)
No. 16-223-SOL-00036, issued by the Department of Health and Human Services
(HHS), Food and Drug Administration, National Center for Toxicological Research
(NCTR), for on-site animal care, technical procedures, formulation, and veterinary care
services. The protester contends that the agency unreasonably evaluated Priority

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