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B-279191.3 1 (1998-08-05)

handle is hein.gao/gaocrptahru0001 and id is 1 raw text is: 


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

             Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.




             Matter of: Main Building Maintenance, Inc.

             File:       B-279191.3

             Date:       August 5, 1998

             Lee Curtis, Esq., William A. Roberts III, Esq., and Douglas Manya, Esq., Howrey &
             Simon, and Garreth E. Shaw, Esq., for the protester.
             Johnathan M. Bailey, Esq., for Astro Quality Services, Inc., an intervenor.
             Marian E. Sullivan, Esq., Department of the Air Force, for the agency.
             Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             Agency reasonably decided to take corrective action (including reinstating previous
             protester to the competitive range and reopening discussions with all competitive
             range offerors) in response to previous protests, where agency concluded during
             pendency of protests that it could not defend initial protests because discussions
             with the previous protester were not meaningful and did not afford that firm an
             opportunity to clarify or revise its proposal to address evaluators' concerns.
             DECISION

             Main Building Maintenance, Inc. (MBM) protests the Air Force's decision to take
             corrective action in response to two prior protests filed by Astro Quality Services,
             Inc. (Astro) under request for proposals (RFP) No. F41636-96-R-0047, for base
             engineering services. MBM had been awarded two contracts pursuant to the RFP.
             In its prior protests, Astro alleged that the Air Force's discussions with it were
             inadequate and that the Air Force improperly eliminated Astro's proposal from the
             competitive range based upon an unreasonable technical evaluation. After
             reviewing the protests, the Air Force determined that it had not held meaningful
             discussions with Astro and that its decision to eliminate Astro from the competitive
             range could not be supported. Agency Report, June 1, 1998, at 2. The Air Force
             decided to take corrective action, including: reinstating Astro to the competitive
             range, reopening discussions with all competitive range offerors, receiving and
             evaluating new best and final offers (BAFO), and making a new award
             determination. Id. MBM contends that the Air Force's decision to take corrective
             action in response to Astro's prior protests is improper because the agency's

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