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B-400464.6 1 (2009-05-05)

handle is hein.gao/gaobadawg0001 and id is 1 raw text is: ,G A O Comptroller General LXn , Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC Washington, DC 20548 RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: American K-9 Detection Services, Inc. File: B-400464.6 Date: May 5, 2009 Fernand A. Lavallee, Esq., J. Philip Ludvigson, Esq., and Seamus Curley, Esq., DLA Piper US LLP, for the protester. John E. Jensen, Esq., Daniel S. Herzfeld, Esq., and Orest J. Jowyk, Esq., Pillsbury, Winthrop, Shaw, Pittman LLP, for EOD Technology, Inc., the intervenor. Lt. Col. James Lewis and Capt. John J. Pritchard, Department of the Army, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In implementing corrective action in response to a protest, agency improperly limited discussions to requesting information to show that a proposed key position complied with the solicitation requirements, where the discussions did not provide the protester with the opportunity to become more competitive through meaningful discussions by allowing it to address significant weaknesses or deficiencies found in its proposal. DECISION American K-9 Detection Services, Inc. (AK-9) of Lake Mary, Florida, protests the award of a contract to EOD Technology, Inc. (EODT) of Knoxville, Tennessee, under request for proposals (RFP) No. W91B4L-08-R-0025 (-0025), issued by the Department of the Army for contractor working dog (CWD) services in Afghanistan. We sustain the protest. CWD services include providing, on a 24-hour basis, trained and certified patrol dogs, narcotics detector dogs, and explosives detector dogs, as well as trained and certified dog handlers and staff to conduct operations. AK-9 was the contractor for CWD services in the southern region of Afghanistan. Subsequently, on February 10, 2008, solicitation No. W91B4L-08-R00013 was issued for CWD services for that region, under which EODT was awarded a contract on February 28. On March 11, AK-9 filed a protest of this award to our Office (B-311349) and a stop work order for