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B-299369.2 1 (2007-10-24)

handle is hein.gao/gaocrptaueh0001 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: M&M Investigations, Inc. File: B-299369.2; B-299369.3 Date: October 24, 2007 Alison L. Doyle, Esq., and Kara M. Klaas, Esq., McKenna Long & Aldridge, for the protester. Jennifer L. Longmeyer-Wood, Esq., Department of Homeland Security, Immigration and Customs Enforcement, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's exclusion of protester's proposal from competitive range is denied where record shows that evaluation was reasonable and consistent with solicitation's evaluation terms, and that agency reasonably determined that protester did not have a reasonable chance for award based on its proposal's lower technical rating and significantly higher price. DECISION M&M Investigations, Inc. protests the exclusion of its proposal from the competitive range and the proposed award to Eagle Technologies, Inc. under request for proposals (RFP) No. PIADC-07-01, issued by the Department of Homeland Security for security guard services at Plum Island Animal Disease Center. The protester contends that, to the extent there were weaknesses in its proposal, they are minor and could have been cured during discussions. M&M contends that excluding its proposal from the competitive range was unreasonable, especially because it resulted in a competitive range of only one proposal. We deny the protest. The RFP, issued on December 6, 2006 as a small business set-aside, contemplated the award of a fixed-price indefinite-delivery/indefinite-quantity contract for a base year and four 1-year option periods for security guard services. RFP at 2. The evaluation of proposals was to be conducted in two phases; Phase I involved an evaluation of the minimum qualifications of each offeror's proposed Program Manager. Id. at 122. Offerors with acceptable Phase I submissions were to submit

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