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B-405310.2 1 (2011-10-17)

handle is hein.gao/gaobadoix0001 and id is 1 raw text is: J G A Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENTFoR-PUBICRELEASE 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: Y&K Maintenance, Inc. File: B-405310.2 Date: October 17, 2011 Michael H. Ferring, Esq., Ferring & DeLue LLP, for the protester. Maj. Christine C. Fontenelle, Department of the Army, 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. Protest that solicitation was improper because the experience requirements for the prime contractor and for key personnel are inconsistent is denied where the solicitation reflected the agency's judgment that prime contractors with more general experience could meet the agency's needs provided certain key personnel had more specific experience. 2. Protest that the solicitation's evaluation scheme improperly assigns an acceptable past performance rating to offerors with no record of relevant past performance in violation of Federal Acquisition Regulation § 15.305(a)(2)(iv) is denied where award will be made on a lowest-price, technically acceptable basis such that assigning an acceptable past performance rating to offerors without relevant past performance will be, effectively, no different than assigning a neutral rating to that offeror's past performance. 3. A solicitation for a fixed-price contract does not place undue risk upon the contractor where the solicitation warned offerors that after two years of contract performance the agency may terminate certain contract line items (CLINs) or subCLINs. DECISION Y&K Maintenance, Inc. (Y&K), of Seoul, Korea, protests the terms of request for proposals (RFP) No. W91 QVN-1 1 -R-01 35, issued by the Department of the Army, for operation and maintenance (O&M) of Medical Command-Korea (MEDDAC-K) facilities in the Republic of Korea.

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