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B-404476 1 (2011-01-31)

handle is hein.gao/gaobadbwn0001 and id is 1 raw text is: 



L         G     A    O                                                    Comptroller General
        Accountability * Integrity * Reliability             of the United States
United States Government Accountability Office  DOCUMENT FOR PUBLIC REEASE
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:   Rod  Robertson Enterprises, Inc.

          File:        B-404476

          Date:     January 31, 2011

          David  F. Barton, Esq., and Elizabeth H. Connally, Esq., The Gardner Law Firm, for
          the protester.
          William Robinson, Esq., and Oleta Thomas,  Esq., Department of Justice, for the
          agency.
          Katherine 1. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel,  GAO,  participated in the preparation of the decision.
          DIGEST

          1.  Protest that an agency used unannounced evaluation criteria in evaluating past
          performance  is denied, where the areas considered in the evaluation were
          reasonably  related to the past performance factor as described in the solicitation.

          2.  Unless there is a clear reason to question the validity of the past performance
          information, an agency is not required to communicate matters of adverse past
          performance  where  no discussions are conducted under an acquisition.
          DECISION

          Rod  Robertson  Enterprises, Inc. of San Antonio, Texas, protests the award of a
          contract to RBEX  Inc. dba Apple Towing Company  of Houston, Texas, by the
          Department  of Justice, Federal Prisons Industries, Inc. (UNICOR) under request for
          proposals (RFP)  No. USMS07-1  0 for vehicle towing, storage, maintenance, and
          disposal services for the U.S. Marshals Service in the Southern District of Texas.
          The  protester argues that the agency incorrectly evaluated its past performance.

          We  deny the protest.

          The  RFP  was issued on August 26, 2010, as a small business set-aside. The RFP
          anticipated the award of a fixed-price contract for a base year with four 1-year
          options. The solicitation stated that the award would be made to the offeror whose
          proposal provides the best value to the government considering past performance
          and  price. The solicitation required contractors to provide information on contracts

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