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B-276472 1 (1997-06-23)

handle is hein.gao/gaocrptafyo0001 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: McHugh/Calumet, a Joint Venture File: B-276472 Date: June 23, 1997 Frederick P. Kink, Esq., and Ronald S. Perlman, Esq., Porter, Wright, Morris & Arthur, for the protester. David T. Case, Esq., Leslie A. Leatherwood, Esq., and Joseph J. Brigati, Esq., Kirkpatrick & Lockhart, for Huber, Hunt & Nichols, Inc., an intervenor. Marcy Sherrill, Esq., General Services Administration, for the agency. Marie Penny Ahearn, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging evaluation of awardee's proposal as technically superior to protester's proposal under factor for past performance of similar projects, based on greater relevance of awardee's projects, is denied where record shows awardee's experience was reasonably determined to include projects more directly comparable to the proposed project. 2. Protest that agency violated Federal Acquisition Regulation § 15.610(c)(6) by not advising protester of adverse past performance reference is sustained as the regulation clearly requires such discussions where, as here, the protester has not otherwise had an opportunity to reply to the information and the record shows a reasonable possibility of prejudice. DECISION McHugh/Calumet, a Joint Venture (McHugh) protests the award of a contract to Huber, Hunt & Nichols, Inc. (IUIN) under request for proposals (RFP) No. GS-05P- GBC-0015, issued by the General Services Administration (GSA) for construction of a new federal courthouse in Hammond, Indiana. The protester argues that the agency improperly evaluated proposals and failed to conduct adequate discussions. We sustain the protest.

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