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B-270085 1 (1996-02-06)

handle is hein.gao/gaocrptadwd0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: North American Construction Corp.

File:       B-270085

Date:       February 6, 1996

Thomas E. Hill, Esq., Haynes and Boone, for the protester.
Leonard Crowley, Esq., and Cynthia S. Guill, Esq., Department of the Navy, for the
agency.
Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Agency reasonably determined that protester was nonresponsible, despite some
indication of satisfactory performance on certain contracts, based upon information
that the protester's performance on five recent contracts was deficient.
DECISION

North American Construction Corp. protests the agency determination that it is
nonresponsible under invitation for bids (IFB) No. N68711-95-B-7525 issued by the
Department of the Navy, the Naval Facilities Engineering Command, Southern
Division, for the excavation, removal, and replacement of underground storage
tanks at the Marine Corps Base, Camp Pendleton, California. North American
argues that the nonresponsibility determination was improper.

We deny the protest.

Nine bids, including one from North American, were opened on the August 24, 1995,
bid opening date. The low bid of $2,174,717 was eliminated as nonresponsive.
North American, the second low bidder at $2,608,517, was then considered for
award.

The Navy requested information from North American about its experience in
performing similar contracts and made its own inquiries as to North American's
ability to perform the work. Specifically, the contracting officer relied upon two
sources: a telephone survey, including four references submitted by North
American, concerning recently completed work or current work being performed by


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