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B-293105.2 1 (2004-10-15)

handle is hein.gao/gaocrptapkd0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
United States Government Accountability 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: First Preston Housing Initiatives, LP

          File:        B-293105.2

          Date:        October 15, 2004

          J. Alex Ward, Esq., Kali N. Bracey, Esq., and Ayodele T. Carroo, Esq., Jenner & Block,
          for the protester.
          Margaret A. Dillenburg, Esq., for Michaelson, Connor & Boul, Inc., an intervenor.
          Carolyn Fiume, Esq., and Rachael Blackburn, Esq., Department of Housing & Urban
          Development, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest that agency misled protester into raising its prices during discussions is
          denied where record shows that, while agency provided guidance regarding
          proposed pricing, protester's pricing revisions were based on its own business
          judgment.

          2. In evaluating proposals, agency was not required to consider differences among
          offerors' proposed pricing structures, since solicitation did not provide for such an
          analysis.

          3. Protest that agency misevaluated one aspect of the protester's proposal is denied
          where the unambiguous language of the proposal supports agency's evaluation
          conclusion.
          DECISION

          First Preston Housing Initiatives, LP protests the award of a contract to Michaelson,
          Connor & Boul, Inc. (MCB) under request for proposals (RFP) No. R-OPC-22505,
          issued by the Department of Housing and Urban Development (HUD) to obtain
          management and marketing services in connection with the disposition of single-
          family homes and other property owned by HUD. First Preston maintains that the
          agency engaged in misleading discussions and improperly misevaluated proposals.


We deny the protest.

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