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B-403849 1 (2010-12-13)

handle is hein.gao/gaobadbpg0001 and id is 1 raw text is: 


  IL

         G    A    0Comptroller General
       Accountability * Integrity * Reliability                    of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter  of: Industrial Construction & Trading Company

         File:       B-403849

         Date:       December  13, 2010

         Michael A. Hordell, Esq., and Heather Kilgore Weiner, Esq., Pepper Hamilton LLP,
         for the protester.
         Leslie A. Nepper, Esq., and Joyce Conner-Gale, Esq., Department of the Army, for the
         agency.
         Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
         participated in the preparation of the decision.
         DIGEST

         Agency's rejection of proposal for failure to submit past performance information is
         unobjectionable where the protester asserts that it sent the information, but there is
         no evidence in the record which demonstrates that the agency received it.
         DECISION

         Industrial Construction & Trading Company (ICTC), of Amman and Kuwait, protests
         the rejection of its proposal under solicitation No. W52PlJ-10-R-0132, issued by the
         Department of the Army for line haul, heavy lift, and transport services throughout
         Kuwait, Iraq and Saudi Arabia. ICTC asserts that the Army improperly downgraded
         its proposal for failure to include adequate past performance information.

         We  deny the protest.

         The solicitation provided for award on a best value basis considering price and
         three non-price evaluation factors--technical, management, and past performance.
         Past performance information was to be submitted by June 25, 2010, while the
         technical, management, and price proposals were due on July 20. With respect to
         past performance, offerors were to list up to six contracts performed in the past
         3 years, with current points of contact. RFP § L, at 3.4. The solicitation further
         provided as follows: [the] government will evaluate the quality and relevance of the
         offeror's past performance. Relevant present and past performance pertain to work
         that was: similar to or greater than the kind of requirement appearing in this

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