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B-293105.9 1 (2004-12-20)

handle is hein.gao/gaocrptapkh0001 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 Washington, DC 20548 Decision Matter of: DIY, Inc. File: B-293105.9 Date: December 20, 2004 Malcolm L. Pritzker, Esq., for the protester. John H. Horne, Esq., Powell Goldstein Frazer & Murphy, for National Home Management Solutions of New York, an intervenor. Rachael Blackburn, Esq., Department of Housing & Urban Development, for the agency. Jacqueline Maeder, 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 provide protester with discussion questions similar to those provided other offerors, and therefore treated protester unequally, is denied where record shows that protester's proposal was eliminated from competitive range, so agency was not required to hold discussions with protester. DECISION DIY, Inc. protests the award of a contract to National Home Management Solutions of New York (NHMS) under request for proposals (RFP) No. R-OPC-22505, issued by the Department of Housing and Urban Development (HUD) for management and marketing (M&M) services in connection with the disposition of single-family homes and other property owned by HUD. The protester maintains that the agency treated DIY in a disparate manner because it failed to provide it with detailed discussion questions similar to those provided other offerors. We deny the protest. The solicitation contemplated the award of indefinite-delivery, indefinite-quantity, fixed-unit-price contracts in 24 geographic regions for M&M services in connection with the disposition of single-family homes owned by, or in the custody of, HUD. At issue in this protest is the contract for Philadelphia Area 3, which covers properties located in New York and New Jersey. The RFP advised offerors that the agency would make award on a best value basis, considering price and several technical

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