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B-275908.2 1 (1997-07-14)

handle is hein.gao/gaocrptafwf0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Premier Security File: B-275908.2 Date: July 14, 1997 Lawrence J. Sklute, Esq., for the protester. Alan M. Grayson, Esq., Victor A. Kubil, Esq., and Michael A. Lewis, Esq., Alan M. Grayson and Associates, for Lyons Security Service, Inc., an intervenor. Michael Cameron, Esq., Immigration and Naturalization Service, Department of Justice, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly awarded contract for security guard services to low bidder's successor in interest where, after bid opening and before award, the bidder was sold in its entirety, but the evidence in the record does not establish that, apart from the low bid, the assets transferred pursuant to the sale were of more than negligible value. Since the sale of the business thus was tantamount to the improper sale of the bid, low bidder's successor in interest may not receive award of the contract. DECISION Premier Security protests the award of a contract to Lyons Security Service, Inc. (LSSI) as the successor in interest to Lyons Security Service, the low bidder under invitation for bids (IFB) No. ACL-6-B-0003, issued by the Immigration and Naturalization Service (INS) for unarmed guard services at the San Pedro Service Processing Center, California. Premier contends that INS improperly awarded the contract to LSSI, because, apart from its low bid, Lyons's assets were negligible, and thus, the sale of the business was tantamount to the improper sale of the bid. We sustain the protest. BACKGROUND The IFB, issued May 13, 1996 as a total small business set-aside, contemplated the award of a fixed-price requirements contract, for a base year and four 1-year option periods. Sixty firms, including Lyons and Premier, responded to the IFB by the time set on July 3 for bid opening; bids, including all option periods, ranged from

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