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B-275066 1 (1997-01-17)

handle is hein.gao/gaocrptafte0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Neal R. Gross & Co., Inc.

             File:       B-275066

             Date:       January 17, 1997

             Ronald S. Perlman, Esq., Porter, Wright, Morris & Arthur, for the protester.
             Mary L. Johnson, Esq., National Mediation Board, for the agency.
             C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             1. Where agency point of contact for evaluation of past performance, listed as a
             reference by both offerors, provided positive reference for the awardee and negative
             reference for protester, there is no basis for concluding that contracting officer's
             reliance upon the one reference in selection of an offeror was unreasonable, absent
             any basis for concluding that additional references listed by protester would have
             provided information outweighing the negative reference provided by the agency's
             own personnel.

             2. Protester's assertion that its subcontractor bore responsibility for poor
             performance under its prior prime contract with the agency presents no basis for
             concluding that the agency unreasonably determined that the protester's
             performance under that contract was poor; the prime contractor under a
             government contract is generally responsible for the performance of its
             subcontractors.

             3. Where solicitation for fixed-price requirements contract contained no estimated
             quantities and provided no method for evaluating price beyond advising that each
             line item would be given equal weight, post-award protest that solicitation failed to
             provide for adequate evaluation of price is untimely.
             DECISION

             Neal R. Gross & Co., Inc. protests the award of a contract to Ann Riley &
             Associates under a request for proposals (RFP) issued by the National Mediation
             Board for court reporting services. Gross contends that the selection decision was
             unreasonable and contrary to the selection criteria announced in the RFP.

             We deny the protest.


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