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B-406952.2,B-406952.3 1 (2012-10-11)

handle is hein.gao/gaobadplt0001 and id is 1 raw text is: G A O Comptroller General ,AcCoLrntabikty *itgrlty, Reiiabity 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 Decision approved for public releas e. Matter of: American Environmental Services, Inc. File: B-406952.2; B-406952.3 Date: October 11, 2012 William E. Hughes III, Esq., Whyte Hirschboeck Dudek, S.C., for the protester. Steven Jay Katz, Esq., Tradebe Treatment and Recycling, LLC, for the intervenor. Reba M. Harrington, Esq., Defense Logistics Agency, for the agency. Cherie J. Owen, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of agency's determination that protester's and awardee's past performance was essentially equal is denied where agency's past performance evaluation record is consistent with solicitation's evaluation criteria and contains adequate contemporaneous documentation supporting the agency's assessments. 2. Protest of source selection decision is denied where solicitation provided for only two evaluation factors--past performance and price; the past performance of awardee and protester was reasonably evaluated as essentially equal; and agency made award to the lower-priced proposal. DECISION American Environmental Services, Inc. (AES), of Sewickley, Pennsylvania, protests the Defense Logistics Agency's (DLA) award of a contract to Tradebe Treatment and Recycling, LLC, of East Chicago, Indiana, pursuant to request for proposals (RFP) No. SP4500-12-R-0010 for the removal, transportation and disposal of hazardous waste from designated locations in or around Norfolk, Virginia. AES protests that the agency improperly concluded that the past performance of AES and Tradebe were essentially equal and, accordingly, failed to perform a tradeoff between past performance and price. We deny the protest.

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