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B-291307.3 1 (2004-06-30)

handle is hein.gao/gaocrptaphh0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy 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: American States Utilities Services, Inc. File: B-291307.3 Date: June 30, 2004 Stephen M. Sorett, Esq., and John A. Burkholder, Esq., McKenna Long & Aldridge, for the protester. Kenneth A. Martin, Esq., Martin & Associates, for U.S. Filter Operation Systems, Inc. Robert E. Little, Jr., Esq., Department of the Navy, for the agency. Sharon L. Larkin, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency evaluated protester's proposal, under request for proposals for utilities privatization, against undisclosed criteria for pricing structure, operations and maintenance savings, and subcontractor experience is denied, where evaluation was consistent with the solicitation's evaluation criteria and agency's conclusions are reasonably supported by the record. 2. Protest that agency held inadequate and misleading discussions with protester concerning subcontractor capability is denied, where agency informed protester of its concerns during discussions and protester's response did not alleviate those concerns; agency did not mislead protester by failing to reiterate the concerns that were not alleviated after reviewing protester's response to the initial discussions. DECISION American States Utilities Services, Inc. (ASUS) protests the Department of the Navy's award of a contract to U.S. Filter Operation Systems, Inc. (USFOS), under request for proposals (RFP) No. N62470-00-R-3602, for utilities privatization. ASUS asserts that its proposal was unfairly evaluated against unstated criteria, and that the discussions held with the firm were inadequate and misleading. We deny the protest.

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