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B-278129.4 1 (1998-05-12)

handle is hein.gao/gaocrptahna0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Proteccion Total/Magnum Security, S.A. File: B-278129.4 Date: May 12, 1998 Romulo A. Roux, Esq., Morgan & Morgan, for the protester. Donald E. Barnhill, Esq., Douglas & Barnhill, for Prosegur/Universal Security, S.A., an intervenor. Capt. John C. Lavorato, and C. B. Efthimiadis, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of agency's decision to reopen discussions after initial award and request an additional round of best and final offers (BAFO) is untimely where not filed prior to the closing time for receipt of BAFOs. 2. Protest that awardee's employment of former government employee afforded it an unfair competitive advantage is denied where the former employee had left the government during the preliminary stages of developing the solicitation for the prior procurement for the services and he had no involvement in developing the current solicitation or evaluating proposals for the current procurement. 3. Protest that agency failed to take into consideration deficiencies in the awardee's performance of prior contract for guard services is denied where agency was aware of and considered the performance deficiencies, but reasonably rated the awardee's overall past performance as good with a medium performance risk on the basis of the prompt corrective action taken by the awardee in response to a cure notice and the favorable evaluations received by the agency with respect to the awardee's performance on other contracts. 4. Agency evaluation of protester's past performance for risk rating purposes properly took into consideration fact that protester had not performed contracts that were similar in size to the contract contemplated by the solicitation. DECISION Proteccion Total/Magnum Security, S.A. protests the Department of the Army's award of a contract to Prosegur/Universal Security, S.A., under request for

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