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B-276066 1 (1997-05-07)

handle is hein.gao/gaocrptafxf0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: B & K Enterprises

             File:        B-276066

             Date:        May 7, 1997

             Timothy H. Power, Esq., for the protester.
             Philip K Kauffman, Esq., Merilee D. Rosenberg, Esq., and Phillipa L. Anderson, Esq.,
             Department of Veterans Affairs, for the agency.
             C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Under solicitation for janitorial services at an outpatient clinic which contained
             no provision for considering hospital-specific experience (as opposed to the
             offeror's general history of compliance with specifications and delivery schedules),
             protest that agency should have given extra credit during proposal evaluation for
             hospital-specific experience is without merit.

             2. Under solicitation for janitorial services, protester's contention that allowing the
             awardee to substitute the protester's janitorial personnel for the personnel identified
             in the awardee's proposal presents no basis for concluding that the substitution of
             personnel constitutes an improper bait and switch where there was no limitation
             on substitution of personnel in the solicitation and there is no basis to conclude
             that the qualifications of the proposed personnel influenced the evaluation such that
             allowing the substitution would compromise the validity of the technical evaluation.
             DECISION

             B & K Enterprises protests the award of a contract to P. E. Hoover Enterprises, Inc.
             under solicitation No. 544-001-97, issued by the Department of Veterans Affairs (VA)
             for janitorial services. The protester asserts that the agency did not evaluate
             proposals in accordance with the criteria listed in the solicitation.

             We deny the protest.

             On September 13, 1996, the agency issued the solicitation for a firm, fixed-price
             contract for a base year, with two 1-year option periods, to furnish all personnel
             and materials necessary to provide janitorial service at its outpatient clinic in
             Greenville, South Carolina. The solicitation incorporated by reference the clause at
             Federal Acquisition Regulation § 52.215-16, providing for award based on the offer

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