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B-281051.5 1 (1999-07-07)

handle is hein.gao/gaocrptajff0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting 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. ----------------------------------------------------------------------------------------------------------------------------. Matter of: Warvel Products, Inc. File: B-281051.5 Date: July 7, 1999 Thomas D. Myrick, Esq., Smith Helms Mulliss & Moore, and Benjamin N. Thompson, Esq., Grady L. Shields, Esq., and Jennifer E. McDougal, Esq., Wyrick Robbins Yates & Ponton, for the protester. David W. Burgett, Esq., S. Gregg Kunzi, Esq., and Timothy D. Palmer, Esq., Hogan & Hartson, for Nightingale, Inc., an intervenor. Peter F. Pontzer, Esq., Federal Prison Industries, Department of Justice, for the agency. Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where a court ordered an agency to reevaluate proposals, the General Accounting Office in reviewing the reevaluation in response to a subsequent protest will not consider any matter that was or could have been decided by the court in its review. 2. A protester's mere disagreement with an agency's evaluation conclusions does not demonstrate the unreasonableness of the agency's judgment, particularly where the agency's evaluation conclusions are supported by detailed narrative explanations and the protester does not show that the agency's findings were in error. 3. Protest that an agency was predisposed to make award to the awardee is denied where the protester does not show that the agency's evaluation judgment or source selection was unreasonable and fails to provide credible evidence demonstrating bias. DECISION Warvel Products, Inc. protests the award of a contract to Nightingale, Inc. under request for proposals (RFP) No. 1PI-R-0939-98, issued by Federal Prisons Industries, Department of Justice, for ergonomic seating. Warvel challenges the agency's evaluation of proposals and source selection. We deny the protest.

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