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B-400730.2 1 (2009-02-23)

handle is hein.gao/gaobadata0001 and id is 1 raw text is: JiL AL G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Futurecom, Inc. File: B-400730.2 Date: February 23, 2009 Bruce Herbin for the protester. Lt. Col. Won K. Lee, Department of the Air Force, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Past performance provision in solicitation that limits past performance references to those performed within the past 3 years is consistent with Federal Acquisition Regulation (FAR) § 15.305(a)(2)(i), which requires that the currency of past performance be evaluated, and is not unduly restrictive of competition, particularly given the requirement in FAR § 15.305(a)(2)(iv) that offerors with no current or relevant past performance may not be evaluated favorably or unfavorably on past performance. DECISION Futurecom, Inc. of Oviedo, Florida, protests the terms of an amendment to request for proposals (RFP) No. FA8519-08-R-26542, issued by the Department of the Air Force for the general repair of T-10 noise suppressors, otherwise known as hush houses. The protester contends that past performance provisions in the RFP amendment unduly restrict competition and exceed the agency's needs. We deny the protest. The Air Force issued the RFP for the general repair of hush houses, setting forth two evaluation factors: price and past performance. Award was made to Vital Link, Inc. on September 30, 2008, and after receiving a debriefing, Futurecom protested the award. Among other things, Futurecom contended that the RFP did not request past performance information, so that the award was improper. In response, the agency stated that it would take the corrective action of amending the past performance evaluation criteria, giving offerors an opportunity to revise

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