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B-290783 1 (2002-09-30)

handle is hein.gao/gaocrptaohf0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability 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. Decision Matter of: E.L. Hamm & Associates, Inc. File: B-290783; B-290783.2 Date: September 30, 2002 Michael L. Sterling, Esq., and Walter T. Camp, Esq., Vandeventer Black, for the protester. Jennifer S. Zucker, Esq., and Peter D. Dipaola, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to make final determination, required by solicitation, as to whether protester's proposal was acceptable or unacceptable is denied where record demonstrates that source selection official reviewed the evaluation results and concluded that the proposal was unacceptable. DECISION E.L. Hamm & Associates, Inc. protests the rejection of its offer under request for proposals (RFP) No. DABT60-01-R-0020, issued by the Department of the Army for visual information services. Hamm asserts that the Army improperly evaluated its proposal. We deny the protest. The solicitation, issued as part of a commercial activities study pursuant to Office of Management and Budget (OMB) Circular A-76 to select a private source to compete against the government's most efficient organization (MEO), was initially issued as a small business set-aside. However, the Army did not receive any offers and re-advertised the procurement on an unrestricted basis. The solicitation provided that the offeror submitting the technically acceptable proposal with the lowest realistic cost would be selected to compete against the MEO. RFP at 19. There were four evaluation factors: technical (with subfactors for phase-in, staffing plan, technical approach and work scheduling); management (organizational structure, management procedures and resumes for key personnel); past performance/experience; and cost. The technical factor was more important than

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