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B-409353.2,B-409353.3 1 (2014-07-21)

handle is hein.gao/gaobadqlp0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Constellation NewEnergy, Inc File: B-409353.2; B-409353.3 Date: July 21, 2014 Patrick R. Buckler, Buckler Law, LLC, for the protester. Kelly Tischler, Esq., Defense Logistics Agency, for the agency. Charles W. Morrow, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's past performance evaluation is denied where the record shows that the agency reasonably evaluated the offerors' past performance records, and reasonably distinguished between those records in assigning the awardee a higher confidence rating. 2. Protest challenging the agency's award decision is denied where the record shows that the agency reasonably found that the higher ratings for the awardee's proposal under the non-price factors merited award as compared to the protester's proposal, which had a lower price but a higher performance risk. DECISION Constellation NewEnergy, Inc. (CNE), of Baltimore, Maryland, protests the award of a contract to Hess Corporation, of New York, New York, under request for proposals (RFP) No. SPE600-13-R-0404, issued by the Defense Logistics Agency-- Energy (DLA), for electricity and ancillary services. CNE challenges the agency's evaluation of its past performance and the award decision. We deny the protest. BACKGROUND DLA issued the RFP on March 5, 2013, to acquire the delivery of electricity and ancillary services to various civilian and military locations under a fixed-price, requirements contract for a 60-month delivery period. See RFP at 4-5. The solicitation sought proposals to provide electricity to seventeen locations,

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