Academy Facilities Management--Advisory Opinion

B-401094.3 May 21, 2009
Full Decision (PDF, 18 pages)   Full Decision (HTML)  

Summary

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 contends that the agency's discussions with the protester regarding its price proposal were improper, and that the Navy did not adequately mitigate the unfair competitive advantage that IAP allegedly derived from its employment of the former USNA public works officer.

AFM filed its protest with our Office on February 10, 2009. Thereafter, on May 13, AFM submitted a notice withdrawing its protest and simultaneously filed an action in the United States Court of Federal Claims that was substantially similar to its protest in our Office. We issued a confirmation of withdrawal notice on May 14. Subsequently, by order dated May 14, the court asked our Office to issue an advisory opinion addressing AFM's protest. See 4 C.F.R. 21.11(b) (2009). Our opinion here is issued in response to the court's request, and is presented in the same general format that we normally employ to issue decisions responding to bid protests. As explained below, we find no merit to the protest.



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