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B-418743.2,B-418743.3 Sep 02, 2021 1 (2021-09-02)

handle is hein.gao/gaomdu0001 and id is 1 raw text is: 1O   o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision                           a GAO Protective Order. This redacted version has
been approved for public release.
Matter of:  Facility Healthcare Services, Inc.
File:     B-418743.2; B-418743.3
Date:     September 2, 2021
William Weisberg, Esq., Law Offices of William Weisberg, for the protester.
John R. Prairie, Esq., George E. Petel, Esq., and Adam Briscoe, Esq., Wiley Rein LLP,
for Peak Facility Solutions, LLC, the intervenor.
Jonathan S. Baker, Esq., Department of Commerce, for the agency.
Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest challenging the adequacy of discussions involving price is denied where the
agency informed the protester that its price was significantly higher than the
independent government cost estimate, and pointed the protester to the exact contract
line item prices requiring revision.
2. Protester is not an interested party to challenge the agency's evaluation of the
awardee's proposal or the agency's source selection decision where the agency
reasonably determined that the protester's proposed price was unreasonably high,
effectively rendering the protester's proposal unawardable, and there were eligible
intervening offerors whose proposals were unchallenged.
DECISION
Facility Healthcare Services, Inc. (Facility), a small business of Brighton, Colorado,
protests the award of a contract to Peak Facility Solutions, LLC (Peak), a small
business of Conifer, Colorado, under request for proposals (RFP)
No. 1333ND20RNB190010, issued by the Department of Commerce, National Institute
of Standards and Technology (NIST), for facilities maintenance and operations services.
The protester challenges the adequacy of discussions conducted by the agency, the
agency's evaluation of proposals, and the source selection decision.

We deny the protest.

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