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B-293824.2 1 (2004-10-08)

handle is hein.gao/gaocrptapmm0001 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: SYMVIONICS, Inc. File: B-293824.2 Date: October 8, 2004 Charlotte Rothenberg Rosen, Esq., Dickstein, Shapiro, Morin & Oshinsky, for the protester. Damon A. Martin, Esq., Department of the Navy, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where the agency provided material information concerning solicitation requirements to a single competitor in a post-award debriefing and the agency subsequently reopened the competition without providing the other competitors with the same information. 2. Agency's decision not to release prices of all competitors in reopened competition after the protester's prices had been disclosed was not improper since the disclosures were made pursuant to the debriefing requirements set forth in the Federal Acquisition Regulation; disclosure of an awardee's prices under these circumstances did not create an improper competitive advantage. DECISION SYMVIONICS, Inc. protests the actions of the Department of the Navy, Naval Facilities Engineering Command, in connection with request for proposals (RFP) No. N68711-03-R-2206 for various military family housing maintenance and repair services. SYMVIONICS challenges the agency's conduct of a reopened competition, arguing that the agency was required to provide all offerors with information concerning the RFP's requirements that was released to a single offeror during an earlier post-award debriefing. SYMVIONICS further contends that the agency is required to release all of the competitors' earlier prices in the reopened competition because its price information had been disclosed in an earlier post-award debriefing. We sustain the protest in part and deny it in part.

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