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B-271869 1 (1996-07-30)

handle is hein.gao/gaocrptaegq0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Heart of Dixie Machine & Fabrication Company, Inc. File: B-271869 Date: July 30, 1996 John T. Jozwick, Esq., for the protester. Robert E. Young, Esq., Department of the Navy, for the agency. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging award under solicitation for flexor refurbishing services on the basis that the awardee did not, prior to award, demonstrate its compliance with a solicitation requirement for manufacturer testing and certification of refurbishing component's physical characteristics is denied since by its terms, this requirement was a performance requirement, not a precondition to award. 2. Protest contending that solicitation failed to apprise offerors that award could be made on the basis of initial proposals is denied since solicitation included a reference to a Federal Acquisition Regulation (FAR) provision that contemplated this possibility; to the extent the protester challenges the agency's use of the predecessor version of the current FAR provision, the protest is untimely as this was evident from the face of the solicitation but was not challenged until after the solicitation closing time. 3. Post-closing time protest challenging agency's failure to evaluate offerors' past performance is dismissed as untimely since the solicitation included no reference to evaluation of past performance, and thus offerors clearly were on notice from the face of the solicitation that past performance was not intended to be an evaluation factor. DECISION Heart of Dixie Machine & Fabrication Company, Inc. (Dixie) protests the award of a contract to Alabama Coastal Repair Company, Inc. under request for proposals (RFP) No. N62604-96-R-7550, issued by the Department of the Navy for flexor refurbishing services at the Naval Construction Battalion Center, Gulfport, Mississippi. Dixie contends that the award to Alabama is improper because the awardee failed to comply with one of the solicitation's certification requirements. 618730

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