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B-405980.7,B-405980.8,B-405980.9 1 (2012-05-01)

handle is hein.gao/gaobadoyl0001 and id is 1 raw text is: 



I     QA                                                               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.
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          Decision

          Matter of:  Phoenix Management, Inc.

          File:       B-405980.7; B-405980.8; B-405980.9

          Date:       May 1, 2012

          Gerald H. Werfel, Esq., Pompan, Murray & Werfel, PLC, for the protester.
          Greg Harding, Esq., and Jared Minsk, Esq., Department of the Air Force, for the
          agency.
          Mary G. Curcio, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency unreasonably evaluated awardee's past performance is denied
          where decision to rate one reference relevant and one somewhat relevant was
          based on the work performed under each of the contracts compared to the work that
          was being solicited.
          DECISION

          Phoenix Management, Inc. (PMI), of Austin, Texas, protests the Department of the
          Air Force's award of a contract to Data Monitor Systems, Inc. (DMS), of Oklahoma
          City, Oklahoma, under request for proposals (RFP) No. FA81 01-11 -R-0002, for fuels
          management services at Tinker Air Force Base. PMI protests that the agency
          unreasonably evaluated the past performance of DMS, violated the Procurement
          Integrity Act, and acted in bad faith.

          We deny the protest.

          BACKGROUND

          Award was to be made to the technically acceptable offeror that provided the best
          value to the government based on a trade-off between past performance and price.
          RFP, Addendum to FAR 52.212-2 at 1. There were six technical subfactors:
          program management and orientation; manpower and organization chart; quality
          control; safety; environmental; and mission essential contractor services (MECS).
          Id. at 2. With respect to past performance, the solicitation provided that the agency
          would consider the past performance of the offerors and their joint venture partners

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