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B-402348.2 1 (2010-05-10)

handle is hein.gao/gaobadbji0001 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: Jackson Contractor Group, Inc. File: B-402348.2 Date: May 10, 2010 Nicholas D. Kovarik, Esq., Dunn & Black, for the protester. Larry M. Anderson, Esq., 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 Agency decision, in response to a protest, to reopen competition to amend solicitation provisions relating to the evaluation of past performance, and to provide offerors with an opportunity to submit revised past performance information and/or revised prices, is unobjectionable, even where the awardee's price has been properly disclosed. DECISION Jackson Contractor Group, Inc., of Missoula, Montana, protests corrective action taken by the Department of the Air Force in response to a prior protest of an award to Jackson under request for proposals (RFP) No. FA4626-09-R-0026 for the removal and replacement of the heating-ventilation-air conditioning system at the youth activity center building at Malmstrom Air Force Base, Montana. We deny the protest. The Air Force issued the RFP on August 4, 2009, as a small business set-aside. The RFP provided that the best value award decision would be based on the evaluation of past performance and price. The RFP detailed what past information should be provided by the offerors and described how past performance would be evaluated and considered in the best value decision. Two proposals were received in response to the RFP by the September 10, 2009 closing date: one from Jackson and one from James Talcott Construction. Talcott submitted the lowest-priced proposal and its past performance rating was satisfactory confidence. Jackson's higher-priced proposal received a past performance rating of significant confidence. The agency made award to Jackson

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