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B-271754 1 (1996-07-30)

handle is hein.gao/gaocrptaefu0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Continental Service Company File: B-271754; B-271754.2 Date: July 30, 1996 Ronald H. Uscher, Esq., Bastianelli, Brown, Touhey & Kelley, for the protester. Kim N. Haris, Esq., Defense Logistics Agency, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester was not prejudiced by any errors that may have occurred during discussions where the record shows that even accepting the protester's contentions, and based on the protester's own calculations of the ratings it would have received following adequate discussions, its proposal's overall rating would not surpass the awardee's higher-rated, slightly lower-priced proposal. DECISION Continental Service Company protests the award of a contract to Management Engineering Associates, Inc. (MEA) under request for proposals (RFP) No. SP0600- 96-R-0006, issued by the Defense Fuel Supply Center (DFSC), Defense Logistics Agency, for operation, maintenance, security, and protection services at the Defense Fuel Support Point (DFSP), Charleston, South Carolina. The protester argues that the agency failed to provide Continental with a meaningful opportunity to discuss unfavorable ratings it received related to its past performance--the only factor evaluated by the agency besides price--resulting in a flawed evaluation. We deny the protest. BACKGROUND The RFP was issued on October 27, 1995, as a total small business set-aside, and contemplated the award of a fixed-price contract with cost reimbursement provisions for a 3-year period. Section M of the RFP stated that proposals would be evaluated based on past performance and price. Offerors were required to submit references on three recent contracts for similar services. In evaluating past performance, the RFP stated that the agency would contact the references provided 335812

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