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B-266353 1 (1996-02-09)

handle is hein.gao/gaocrptadvo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Contratos y Mantenimientos, S.A. File: B-266353 Date: February 9, 1996 Enrique Arturo de Obarrio, Esq., and Claudio Lacayo Alvarez, Esq., Troncoso, Lacayo & Porras, for the protester. Glenn A. Heisler, Esq., Panama Canal Commission, for the agency. Sylvia Schatz, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Downgrading of proposal for lack of similar experience was reasonable where, although proposal showed experience painting in confined spaces, experience was not with marine floating equipment, and record shows that safety procedures previously used by protester actually would create dangerous working conditions in a marine environment. 2. Allegation that the letter rating of the awardee's proposal was too high and that of the protester's was too low is not a basis for sustaining protest where contracting officer did not rely on letter ratings but, rather, based award decision on his own assessment of the relative merits of the proposals. DECISION Contratos y Mantenimientos, S.A. (COMASA) protests the award of a contract to Formal Management Systems (FMS) under request for proposals (RFP) No. CNP-906-95-AG-28, issued by the Panama Canal Commission for the removal of all debris, scale, blast, and paint in selected areas of a barge. The protester primarily argues that the evaluation of the proposals was improper. We deny the protest.1 The evaluation contemplated the award of a fixed-price contract on a best value basis, with consideration of two factors, technical and price. The technical factor consisted of four subfactors: quality of work and quality of control; experience; equipment and safety procedures; and past performance. With regard to past 1COMASA raises a number of arguments in challenging the evaluation. We find all to be without merit. We discuss several of the arguments below. 40129

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