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B-295836 1 (2005-04-18)

handle is hein.gao/gaocrptaqvj0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
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: Hospital Klean of Texas, Inc.

          File:        B-295836; B-295836.2

          Date:        April 18, 2005

          Johnathan M. Bailey, Esq., and Theodore M. Bailey, Esq., Bailey & Bailey, for the
          protester.
          Katherine S. Nucci, Esq., Thompson Coburn, for Integrity Management Services, Inc.,
          the intervenor.
          Lt. Col. Joseph C. Fetterman and Maj. Frank A. March, 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. Agency properly considered late proposal revision because agency action was
          paramount cause of late delivery of the revision and acceptance would not
          compromise the integrity of the competitive process, where agency extended the
          closing date for receipt of proposals to Saturday (not a business day of agency) from
          Friday after issuing a material amendment on Thursday; a commercial carrier
          unsuccessfully attempted delivery of the proposal revision on Saturday, but the
          agency's doors were locked and the agency had not posted delivery instructions for
          that day to advise that agency personnel were on-site to accept deliveries; and the
          proposal revision was delivered to agency by commercial carrier on Monday, the
          next business day.

          2. Agency's decision in a best value negotiated procurement selecting for award a
          higher-priced proposal that offered a superior quality control program was
          reasonable and consistent with the solicitation.
          DECISION

          Hospital Klean of Texas, Inc. protests the award of a contract to Integrity
          Management Services, Inc. under request for proposals (RFP) No. W81K04-04-R-
          0009, issued by the Department of the Army for hospital housekeeping services at
          Fort Polk, Louisiana. The RFP contemplated the award of an indefinite-delivery,
          indefinite-quantity, fixed unit-price contract for a base period with 4 option years.

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