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B-286971.2 1 (2001-04-02)

handle is hein.gao/gaocrptamob0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Myers Investigative and Security Services, Inc. File: B-286971.2; B-286971.3 Date: April 2, 2001 William Myers for the protester. Charles Keathley for Paragon Systems, Inc., an intervenor. Terrence J. Tychan, Esq., Department of Health & Human Services; and John W. Klein, Esq. and Kenneth Dodds, Esq., Small Business Administration, for the agencies. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Allegations that agency improperly downgraded protester's proposal and failed to conduct meaningful discussions do not provide a basis for sustaining protest where awardee's proposal received a near-perfect evaluation score and was lower-priced than protester's; since awardee would remain in line for award based on its lower price even if protester's evaluation score were increased to level of the awardee's, protester was not prejudiced by the alleged improprieties. 2. Agency's consideration of awardee's proposed subcontractor's past performance in evaluating awardee's proposal was proper where solicitation did not prohibit the use of subcontractors and specifically advised offerors of agency's intent to evaluate subcontractors' past performance. DECISION Myers Investigative and Security Services, Inc. protests the award of a contract to Paragon Systems, Inc. under request for proposals (RFP) No. 263-00-P(BN)-0039, issued by the Department of Health and Human Services (HHS) for security guard services at the National Institutes of Health (NIH), Bethesda, Maryland. Myers argues that the evaluation of its offer was unreasonable, that discussions were inadequate, and that the agency improperly accepted the awardee's unauthorized joint venture/teaming arrangement with Coastal International Security, Inc. and improperly considered Coastal's past performance in evaluating Paragon's offer.

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