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B-291950,B-291950.2 1 (2003-05-15)

handle is hein.gao/gaobacyid0001 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: Main Building Maintenance, Inc. File: B-291950; B-291950.2 Date: May 15, 2003 Garreth E. Shaw, Esq., for the protester. Janice Davis, Esq., Davis & Steele, for American K-9 Interdiction, LLC, an intervenor. Clarence D. Long, III, Esq., Department of the Air Force, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly found awardee's technical proposal acceptable while finding protester's unacceptable, where record shows agency reasonably found material differences in the firms' proposed staffing. 2. Agency's alleged unduly favorable evaluation of awardee's proposal under past performance factor did not prejudice protester, and thus does not provide a basis for sustaining its protest, where record shows that protester's proposal was found technically unacceptable, making protester ineligible for award. 3. Protest allegation that awardee enjoyed unfair competitive advantage by having made a contingent offer of employment to a government employee performing some of the services being solicited is denied where record contains no evidence that the government employee either participated in preparing the solicitation or had access to procurement sensitive information. DECISION Main Building Maintenance, Inc. (MBM) protests the award of a contract to American K-9 Interdiction, LLC (AK-9) under request for proposals (RFP) No. F41636-02-R-0008, issued by the Department of the Air Force for animal caretaker and kennel management services at Lackland Air Force Base (AFB). MBM asserts that the agency misevaluated proposals in arriving at its award decision and that AK-9 had an improper competitive advantage. We deny the protest.

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