Myers Investigative and Security Services, Inc.

B-288468: Nov 8, 2001

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A firm protested a General Services Administration (GSA) contract award for guard services for federal buildings, contending that GSA: (1) unreasonably evaluated the protester's and the awardee's past performance; and (2) made, in bad faith, an affirmative determination that the awardee was a responsible contractor. GAO held that GSA: (1) treated offerors unequally in its assessment of the past performance information used to justify the selection decision; and (2) reasonably determined that the awardee is a responsible contractor. Accordingly, the protest was sustained, and GAO recommended that GSA: (1) reopen its evaluation of proposals, prepare a new evaluation report, and make a new selection decision, taking care to explain any benefits associated with any tradeoff decisions; (2) terminate the remainder of the awardee's 10-month interim contract if the awardee is not the successful offeror after the revised selection decision; and (3) reimburse the protestor the reasonable costs of filing and pursuing the protest, including reasonable attorneys' fees.