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B-292287 1 (2003-07-23)

handle is hein.gao/gaobadiwd0001 and id is 1 raw text is: 


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 &     ,  G     A     0                                                  Comptroller General
.      .Accountability * Integrity Reliability                           of the United States
United States General Accounting 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: R&K Contractors, Inc.

           File:        B-292287

           Date:        July 23, 2003

           Gary R. Sorensen, Esq., for the protester.
           Ruth Kowarski, Esq., General Services Administration, for the agency.
           Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest of selection of slightly higher-priced proposal with higher-rated past
           performance is denied where selection decision was consistent with solicitation and
           reflected a reasonable price/past performance tradeoff.

           2. General Accounting Office's granting of an extension of the due date for the
           protester's comments on the agency report does not waive the timeliness
           requirements for filing a supplemental protest, and thus new and independent
           protest issues, first raised in comments submitted more than 10 days after receipt of
           the agency report on which the issues were based, are dismissed as untimely.
           DECISION

           R&K Contractors, Inc. protests the award of a contract to Quantum Contracting, Inc.
           under request for proposals (RFP) No. GS-08P-03-VJC-0017, issued by the General
           Services Administration (GSA) for building alteration services at the Judge Bruce M.
           Van Sickle Federal Building/Courthouse in Minot, North Dakota. R&K primarily
           challenges the reasonableness of the agency's unfavorable evaluation of the
           protester's past performance; the firm also challenges the agency's selection of
           Quantum's proposal for award based on that proposal's higher-rated past
           performance rating and slightly higher price.


We deny the protest.

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