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B-310548 1 (2007-12-03)

handle is hein.gao/gaocrptaukc0001 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: Cornell Companies, Inc. File: B-310548 Date: December 3, 2007 Ruth E. Ganister, Esq., Rosenthal and Ganister, for the protester. Alex D. Tomaszczuk, Esq., Orest J. Jowyk, Esq., and Daniel S. Herzfeld, Esq., Pillsbury Winthrop Shaw Pittman, LLP, for Dismas Charities, Inc., an intervenor. Tracey L. Printer, Esq., Department of Justice, for the agency. Eric M. Ransom, and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preperation of the decision. DIGEST 1. Assessment of a weakness against the protester's proposal was not improper where the considerations on which the assessment was based were encompassed by the evaluation criteria. 2. Assessed weakness was not required to be raised in discussions where the weakness was not considered significant, and did not prevent the proposal from meeting the solicitation requirements or having a reasonable chance of award. DECISION Cornell Companies, Inc. protests the award of a contract to Dismas Charities, Inc. by the Federal Bureau of Prisons (BOP) under request for proposals (RFP) No. 200-0953-SC, for Residential Reentry Center (RRC) services in El Paso County, Texas. Cornell asserts that the agency failed to follow the evaluation criteria set forth in the solicitation, failed to hold meaningful discussions, and made a flawed source selection decision (SSD). We deny the protest. The BOP issued the RFP on December 21, 2006, requesting proposals to provide RRC services for male and female Federal offenders. The RFP contemplated award of a fixed-price requirements-type contract with a base period of 2 years and 3 option years. Award was to be made to the offeror whose proposal was determined to represent the best value to the government under three evaluation factors: past performance, technical/management, and price. RFP § M.5. The RFP stated that

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