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B-400581.5 1 (2009-09-08)

handle is hein.gao/gaobadazj0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
       Accountability * Integrity * Reliability                       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 version has been approved
                                                     for public release.

          Decision

          Matter of:  JSW  Maintenance, Inc.

          File:       B-400581.5

          Date:       September  8, 2009

          Michael A. Gordon, Esq., Fran Baskin, Esq., and Maria Patente, Esq., Law Office of
          Michael A. Gordon, PLLC, for the protester.
          Jennifer M. Miller, Esq., and Anna G. Kizer, Esq., Wyrick Robbins Yates & Ponton
          LLP, for Ashley-Marie Group, Inc., an intervenor.
          Maj. Jonathan P. Widmann, Department of the Air Force, for the agency.
          Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Agency's determination that awardee was entitled to a confidence past
          performance rating was based on a reasonable consideration of the relevance of the
          awardee's past performance information, which included a comparative assessment
          of the size, scope, and complexity of the awardee's contracts with the solicitation
          requirements.
          DECISION

          JSW Maintenance, Inc. of Warner Robins, Georgia, protests the award of a contract
          to Ashley-Marie Group, Inc. (AMG) of Elizabethtown, North Carolina, by the
          Department of the Air Force under request for proposals No. FA8501-08-R-0039 for
          grounds maintenance services for Robins Air Force Base (AFB), Georgia. JSW
          alleges that the agency's evaluation of AMG's past performance was unreasonable
          and that the agency failed to reasonably consider the fact that JSW and AMG did not
          have a similar understanding of the agency's requirements when they submitted their
          proposals.

          We deny the protest.

          The RFP, issued on June 20, 2008 as a Small Business Historically Underutilized
          Business Zone (HUBZone) set-aside, contemplated the award of a fixed-price
          contract (to include several time-and-material line items) with a 1-year base
          performance period plus four 1-year option periods, to provide grounds maintenance
          services (including, but not limited to, mowing, edging, composting, and irrigation

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