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B-293256 1 (2004-02-18)

handle is hein.gao/gaocrptapks0001 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: Orion International Technologies, Inc. File: B-293256 Date: February 18, 2004 Kenneth A. Martin, Esq., Martin & Associates, for the protester. Carolyn Callaway, Esq., for Fiore Industries, Inc., the intervenor. Capt. Charles K. Bucknor, Jr., Department of the Army, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester was not prejudiced by agency's alleged unequal evaluation of its proposal and the awardee's higher-rated proposal, where the awardee's proposal had a lower price and the protester does not assert that its proposal should be higher rated than the awardee's proposal. 2. Protest that the awardee had an unfair competitive advantage by hiring a retired government employee prior to submitting a proposal does not provide a basis to sustain the protest where the record does not support protest allegations that the retired employee was a procurement official on the protested procurement, took the protester's proposal from the 1998 competition for some of these requirements, had access to source selection information, or had improper contacts with agency officials that provided the awardee with an unfair competitive advantage. DECISION Orion International Technologies, Inc. protests an award to Fiore Industries, Inc. under request for proposals (RFP) No. DABK39-03-R-0013, issued by the Department of the Army for support services for the Center for Counter Measures, White Sands Missile Range, New Mexico. Orion protests the agency's evaluation of proposals and alleges that Fiore had an unfair competitive advantage. We deny the protest. The RFP, issued as a small business set-aside on September 19, 2003, solicited proposals for support services to include providing a core staff of multi-disciplined engineers, scientists and analysts to perform susceptibility and vulnerability analyses

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