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B-415493,B-415493.2 1 (2018-01-16)

handle is hein.gao/gaobadufc0001 and id is 1 raw text is: 



G     A     O      U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of: East Coast Utility Contractors, Ltd.

File:       B-415493; B-415493.2

Date:       January 16, 2018

Donald O'Connor for the protester.
Stuart B. Nibley, Esq., Amy M. Conant, Esq., and Erica L. Bakies, Esq., K&L Gates LLP,
for American Water Operations and Maintenance, Inc., the intervenor.
Brandon Cogswell, Esq., and Louise Hansen, Esq., Defense Logistics Agency, for the
agency.
Paula J. Haurilesko, Esq., and Laura Eyester, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that the agency failed to consider the past performance of one of the
protester's managers is sustained, where the solicitation provided for consideration of
the management team's past performance.

2. Protest that the source selection authority unreasonably raised the awardee's
adjectival ratings is denied, where the record indicates a reasonable basis for the
change.
DECISION

East Coast Utility Contractors, Ltd. (ECUC), a small business, of Williamsburg, Virginia,
protests the award of a contract to American Water Operations and Maintenance, Inc.
(AW), of Voorhees, New Jersey, under request for proposals (RFP) No. SPE600-13-R-
0809, issued by the Defense Logistics Agency (DLA) for utility services. ECUC
challenges the evaluation of its and the awardee's proposal and the agency's best-value
trade-off decision.

We sustain the protest.

BACKGROUND

The RFP, issued on May 16, 2013, contemplated the award of a 50-year contract for
utility services resulting from the privatization of natural gas distribution, water

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