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B-291868 1 (2003-04-23)

handle is hein.gao/gaobacyhr0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States 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: Dismas Charities, Inc. File: B-291868 Date: April 23, 2003 Alex D. Tomaszczuk, Esq.,and Daniel S. Herzfeld, Esq., Shaw Pittman, for the protester. Kevin M. Cox, Esq., Joseph A. Camardo, Jr., Esq., and Nancy M. Camardo, Esq., for Bannum, Inc., an intervenor. Tracey L. Printer, Esq., Federal Bureau of Prisons, for the agency. Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting officer has authority to decide when negotiation and offer stage of a procurement is finished and an offeror has no legal right to insist that negotiations be reopened to permit a site substitution--a substantial and material proposal modification--after final revised proposals have been submitted. 2. Agency may not accept protester's site change request as a late modification to an otherwise successful proposal that makes its terms more favorable to the Government where record fails to show that protester's proposal was in line for award, and where proposal no longer offered an acceptable facility. DECISION Dismas Charities, Inc. protests the rejection of its proposal under request for proposals (RFP) No. 200-0723-SC, issued by the Federal Bureau of Prisons for residential community corrections center services in Corpus Christi, Texas. We deny the protest. The RFP, issued on January 22, 2002, contemplated the award of a fixed-price, requirements contract for a 2-year base period with up to three 1-year option periods. The contractor would be required to provide residential community corrections center services for male and female federal offenders in the Corpus Christi area. The solicitation provided that the evaluation would be based on past performance, technical, management, and cost factors, with past performance being

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