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B-401094.3 1 (2009-05-21)

handle is hein.gao/gaobadaxw0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 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: Academy Facilities Management--Advisory Opinion File: B-401094.3 Date: May 21, 2009 William A. Roberts III, Esq., Richard B. O'Keeffe, Jr., Esq., Tracye Winfrey Howard, Esq., and Daniel P. Graham, Esq., Wiley Rein LLP, for the protester. J. Alex Ward, Esq., Daniel E. Chudd, Esq., Damien C. Specht, Esq., and Eric R. Haren Esq., Jenner & Block LLP, for IAP World Services, Inc., an intervenor. Ann L. Giddings, Esq., and Cynthia S. Guill, Esq., Department of the Navy, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting agency did not engage in misleading discussions where record shows that it accurately advised protester of specific instances where its line item prices were overstated in comparison to the government estimate. 2. Where solicitation contemplated award of fixed-price contract, price realism analysis was reasonable where, consistent with the solicitation methodology, agency compared proposed prices to government estimate, other proposed prices, and reviewed separate cost elements. 3. Protest allegation that awardee enjoyed an unfair competitive advantage by having employed a former government employee as a consultant as part of proposal preparation is denied where record contains no evidence that the government employee had access to sensitive business information regarding protester's performance of the incumbent contract. DECISION Academy Facilities Management (AFM), of Gardena, California, protests the award of a contract to IAP World Services, Inc., of Cape Canaveral, Florida, under request for proposals (RFP) No. N40080-08-R-0512, issued by the Department of the Navy, Naval Facilities Engineering Command, for base operating support services for the United States Naval Academy (USNA). AFM argues that the agency's evaluation of offerors' technical proposals and IAP's price proposal was unreasonable. AFM also