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B-292559,B-292559.2 1 (2003-10-07)

handle is hein.gao/gaobacylb0001 and id is 1 raw text is: 


  I

         G    A     0Comptroller General
 ..  . Accountability * Integrity * Reliability                      of the United States
United States General Accounting Office
Washington, DC 20548


             D   ..
         Decision


         Matter  of:  American Artisan Productions, Inc.

         File:        B-292559; B-292559.2

         Date:        October 7, 2003

         Arthur Friedman for the protester.
         Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency.
         Edward  Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Where solicitation instructed offerors to submit past performance references for
         projects similar in size, complexity and nature to the contract being awarded and
         indicated that past performance would be evaluated based on performance of work
         similar in nature to that required by the solicitation, the agency reasonably
         downgraded  protester's proposal for not identifying project references that were
         comparable  in dollar value to that of the requirement solicited.

         2. Because solicitation provided that the agency would evaluate the quality and
         workmanship  of samples of museum exhibit work completed by offerors' proposed
         personnel, it was reasonable for the agency to consider the aesthetic quality of the
         work  samples submitted by the offerors.

         3. Contracting agency reasonably concluded that awardee's use of a subcontractor
         which had participated in the development of the solicitation's specifications did not
         present an organizational conflict of interest because the subcontractor had worked
         only on design aspects of the specifications, more than one contractor was involved
         in preparing the specifications, and the subcontractor was not in a position to draft
         specifications favoring its own products.
         DECISION

         American  Artisan Productions, Inc. (AAP) protests the award of a contract to
         Promotion  Products, Inc. (PPI) under request for proposals (RFP) No. N9325020022,
         issued by the National Park Service (NPS), Department of the Interior, for services in
         connection with museum  exhibits at the John Day Fossil Beds National Monument, a
         national park in Kimberly, Oregon. AAP principally alleges that the agency's

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