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B-401654 1 (2009-10-27)

handle is hein.gao/gaobadixk0001 and id is 1 raw text is: 




          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: Advanced Environmental Solutions, Inc.

           File:       B-401654

           Date:       October 27, 2009

           William E. Hughes III, Esq., Whyte Hirschboeck Dudek SC, for the protester.
           Gerald H. Werfel, Esq., Pompan, Murray & Werfel, P.L.C., for Dunamis
           Environmental Group, LLC, the intervenor.
           Sharon A. Jenks, Esq., Department of the Air Force, for the agency.
           Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           In evaluating a newly formed joint venture's past performance, an agency may
           consider the past performance of the individual joint venture partners unless
           prohibited from doing so by the solicitation.
           DECISION

           Advanced Environmental Solutions, Inc. (AES) of Worcester, Massachusetts protests
           the award of a contract to Dunamis Environmental Group, LLC, of Del City,
           Oklahoma (a newly formed joint venture of Dunamis Power Systems, LLC and Eason
           Enterprises, LLC) under request for proposals (RFP) No. FA8101-09-R-0002, issued
           by the Department of the Air Force, for hazardous waste transportation and disposal
           services.

           We deny the protest.

           The RFP, issued on April 24, 2009, as a set-aside for service-disabled veteran-owned
           small business concerns (SDVOSBC), contemplated the award of an indefinite-
           delivery/indefinite-quantity fixed-price contract to provide hazardous waste
           transportation and disposal services at Tinker Air Force Base, Oklahoma.' The
           contract is for industrial waste removal services necessary to pump, remove, and


           'The contract included a 15-day transition period, a 3-month base period and four
           1-year option periods.

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