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B-292443 1 (2003-08-14)

handle is hein.gao/gaobacyjw0001 and id is 1 raw text is: Il im G A 0Comptroller General - -Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Robert Clay, Inc. File: B-292443 Date: August 14, 2003 Robert Clay for the protester. Capt. Ryan Hendricks, Department of the Air Force, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest based on information learned in non-required debriefing is timely if filed within 10 days of the debriefing. 2. Agency reasonably determined that awardee and protester had equal performance risk ratings; because past performance and price were the sole evaluation factors, award was reasonably based on the awardee's lower-priced proposal. DECISION Robert Clay, Inc. protests the award of a contract for roof repairs to Platinum One Contracting, Inc., by the Department of the Air Force under request for proposals (RFP) No. FA4416-02-R-0016. Clay argues that past performance was unreasonably evaluated. We deny the protest. The RFP, issued as a Historically Underutilized Business Zone (HUBZone) set aside, contemplated award of an indefinite-delivery requirements contact for roof repairs. Award was to be made on a best value basis, considering past performance and price, with past performance being significantly more important than price. RFP at 33. The assessment of past performance was to result in an overall performance risk rating of either exceptional, very good, satisfactory, neutral, marginal, or unsatisfactory. Offerors without relevant past performance were to receive a neutral rating, meaning that the rating was to be treated neither favorably nor unfavorably. RFP, amend. 1, at 3. Relevant contracts were said to include, but are not limited to, repair and/or replacement of standing seam metal roofing, of the

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