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B-405107.3 1 (2011-10-03)

handle is hein.gao/gaobadokw0001 and id is 1 raw text is: 



I      QA                                                                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.
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          Decision

          Matter of:   APEX-MBM, JV

          File:        B-405107.3

          Date:        October 3, 2011

          Ronald Shaw, Esq., for the protester.
          Cpt. Elizabeth Kadlub, Department of the Army, for the agency.
          Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency used unstated evaluation criteria when it rejected protester's
          proposal for failure to propose site-specific staff deployments and supplies and
          equipment is sustained where the solicitation did not require, and its general
          instructions and 15-page limitation for submissions did not suggest, that offerors
          propose staff deployments or supplies and equipment, and instead requires such
          details to be coordinated with, and approved by, the agency after contract award.
          DECISION

          APEX-MBM, JV, of San Antonio, Texas, protests the award of a contract to Wilson
          Technologies, Inc., of Silver Spring, Maryland, under request for proposals (RFP)
          No. W91 YTZ-1 1 -R-0033 issued by the Department of the Army for hospital
          housekeeping services.1

          We sustain the protest.

          BACKGROUND

          The RFP, issued as a small business set-aside under the commercial item
          acquisition procedures of Federal Acquisition Regulation (FAR) Part 12, provided for
          the award of a fixed-price, indefinite-delivery/indefinite-quantity contract for hospital

          1 The protester is an approved section 8(a) joint venture between Apex Limited, Inc.,
          and Main Building Maintenance, Inc. (MBM). MBM is the incumbent contractor for
          these services. Protest at 17.