About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-292476 1 (2003-10-01)

handle is hein.gao/gaobacyll0001 and id is 1 raw text is: I G A 0 Comptroller General ........ Accountability * Integrity * Reliability of the United States United States General Accounting 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: Southwestern Bell Telephone Company File: B-292476 Date: October 1, 2003 James J. Regan, Esq., Daniel R. Forman, Esq., and J. Catherine Kunz, Esq., Crowell & Moring, for the protester. James L. Feldesman, Esq., and Kathy S. Ghiladi, Esq., Feldesman Tucker Leifer Fidell, and Brian T. Fitzgerald, Esq., LeBoeuf, Lamb, Greene & MacRae, for Adelphia Business Solutions, Inc., an intervenor. Clarence D. Long, III, Esq., and Donald Mosely, Esq., Department of the Air Force, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's evaluation of the protester's and awardee's past performance, which found the two firms had essentially equal past performance, is sustained, where the agency did not consider awardee's record of integrity and business ethics, as required by the solicitation, and the record raises serious concerns that awardee may have problems in this area, and where agency did not document its assessment of protester's past performance, despite the fact that solicitation provided for qualitative assessment of offerors' past performance. 2. Contracting officer's affirmative determination of the awardee's responsibility is not reasonably based where, despite having general awareness of misconduct by some of awardee's principals and parent company, the contracting officer did not obtain sufficient information about or consider the awardee's record of integrity and business ethics in making his responsibility determination. DECISION Southwestern Bell Telephone Company protests the award of a contract to Adelphia Business Solutions, Inc. under request for proposals (RFP) No. F34608-03-R-5012, issued by the Department of the Air Force for commercial communication services

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most