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B-404191 1 (2010-12-15)

handle is hein.gao/gaobadbpo0001 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:  Alaska Mechanical, Inc.

          File:       B-404191

          Date:       December   15, 2010

          John Lukjanowicz, Esq., Law Offices of John Lukjanowicz, PLLC, for the protester.
          Jon M. DeVore, Esq., and Max D. Garner, Esq., Birch, Horton, Bittner and Cherot, PC,
          for Weldin Construction, Inc., an intervenor.
          Larry M. Anderson, Esq., Department of the Air Force, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Past performance rating of satisfactory confidence was reasonable where
          supported by protester's performance record; while protester's performance under
          two contracts was rated as substantial confidence, references for two other
          contracts identified issues with protester's management and scheduling.

          2. Agency reasonably based past performance evaluation only on projects for which
          third party references submitted completed questionnaires directly to agency,
          disregarding an additional third party questionnaire obtained in connection with
          prior procurement, submitted directly by protester.
          DECISION

          Alaska Mechanical, Inc. (AMI), of Anchorage, Alaska, protests the award of a
          contract to Weldin Construction, Inc., Palmer, Alaska, under request for proposals
          (RFP) No. FA5004-10-R-C005, issued by the Department of the Air Force for
          construction work at Eielson Air Force Base (AFB), Alaska. AMI challenges the
          evaluation of its proposal under the past performance factor.

          BACKGROUND

          The RFP contemplated the award--on a best value basis--of a fixed-price contract
          for phase 3 of a waste water treatment plant repair and rehabilitation project at
          Eielson AFB. Performance was to be accomplished within 180 days after the notice
          to proceed. Proposals were to be evaluated under two factors--past performance

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