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B-402377 1 (2010-03-25)

handle is hein.gao/gaobadbgc0001 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 redacted version has been approved for public release. Decision Matter of: MFM Lamey Group, LLC File: B-402377 Date: March 25, 2010 Robert M. Anderson, Esq., Akerman Senterfitt, LLP, for the protester. Genevieve G. Stubbs, Esq., Overseas Private Investment Corporation, for the agency. Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Procurements of supplies and services by the Overseas Private Investment Corporation (OPIC), a wholly-owned government corporation which is identified as a federal agency under the Competition in Contracting Act of 1984 (CICA), are subject to GAO's bid protest jurisdiction. 2. OPIC's procurement of planning and logistical support services is subject to the procurement procedures of the Federal Property and Administrative Services Act of 1949, as amended by CICA, and the Federal Acquisition Regulation. 3. Protest that the agency unreasonably attributed to the awardee past performance that should actually have been attributed to the protester (where the protester and awardee are successor firms to another entity) is denied where the record shows that the agency's evaluation of the awardee's past performance was based upon that firm's performance since the split of the two firms. DECISION MFM Lamey Group, LLC, of Miami, Florida, protests the award of a contract to MFMci, LLC, of Miami, Florida, under request for proposals (RFP) No. OPIC-10-R- 0006, issued by the Overseas Private Investment Corporation (OPIC) for planning and logistical services for an international investment conference. MFM Lamey challenges OPIC's past performance evaluation, arguing that the agency improperly

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