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B-274531 1 (1996-12-17)

handle is hein.gao/gaocrptaemh0001 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-274531 Date: December 17, 1996 Ronald H. Uscher, Esq., and Lori Ann Lange, Esq., Bastianelli, Brown, Touhey & Kelley, for the protester. Pamela J. Mazza, Esq., Antonio R. Franco, Esq., and Philip M. Dearborn, III, Esq., Piliero, Mazza & Pargament, for Akima Corporation, an intervenor. Kim N. Haris, Esq., Defense Logistics Agency, for the agency. Susan K McAuliffe, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's evaluation of protester's past performance is denied where evaluation was reasonably based on past performance reference surveys received by agency. DECISION Continental Service Company protests the award of a contract to Akima Corporation under request for proposals (RFP) No. SP0600-96-R-0046, issued by the Defense Fuel Supply Center, Defense Logistics Agency, for operation, maintenance, security, and protection services for the government-owned/contractor-operated petroleum storage terminal at the Defense Fuel Support Point (DFSP), Searsport, Maine. Continental, the low-priced offeror, principally challenges the agency's evaluation of its firm's and the awardee's past performance; the protester contends that the agency improperly rated its firm's past performance low and unreasonably rated Akima's past performance high, and that the agency is paying a disproportionate price premium in violation of RFP provisions. We deny the protest of the evaluation of Continental's past performance and dismiss the protest of the evaluation of Akima's proposal. Clause L201(c) of the RFP required all offerors to provide past performance data for the three most recent contracts and subcontracts held, to include those in progress, that are related to the proposed contract. Clause M100 of the RFP provided that: 10316

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