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B-276755 1 (1997-07-24)

handle is hein.gao/gaocrptafzp0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: MAC's General Contractor File: B-276755 Date: July 24, 1997 McKinley Darden for the protester. Diane D. Hayden, Esq., George N. Brezna, Esq., Christopher Bellomy, Esq., and Marilyn W. Johnson, Esq., Department of the Navy, 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 Agency conducting evaluation of past performance could properly consider prior termination of the protester's contract for default, notwithstanding protester's appeal of Armed Services Board of Contract Appeals decision upholding the default, since agency may rely on its reasonable perception of inadequate past performance even where the contractor disputes the agency's position. DECISION MAC's General Contractor protests the issuance of an order to Intra Systems, Inc. dba Historic Holdings, under request for quotations (RFQ) No. N62467-97-Q-7255, issued by the Naval Facilities Engineering Command for interior renovations and painting. MAC's primarily contends that the agency should not have considered its termination for default under a prior contract as a basis for selecting another, higher-priced offeror for award. We deny the protest. On February 12, 1997, the agency issued the solicitation as a set-aside for emerging small businesses, calling for issuance of a firm, fixed-price order for all material, equipment, labor, tools, transportation, and management necessary to accomplish interior renovations and painting at seven units located within the Texas Terrace family housing complex at the Naval Air Station (NAS) in Kingsville, Texas. The solicitation contained a cover page, in capital letters and boldface type, advising vendors that the agency would conduct the procurement in accordance with the simplified acquisition procedures of Federal Acquisition Regulation (FAR) Part 13. Specifically, the solicitation cover page, as well as the first page of the solicitation, advised vendors of the agency's intention to issue an order to the vendor providing the best value to the government, based upon price and past performance.

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