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B-278223 1 (1998-01-08)

handle is hein.gao/gaocrptahnm0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: BFI Waste Systems of Nebraska, Inc. File: B-278223 Date: January 8, 1998 Kevin Rauber for the protester. Gary L. Young, Esq., Keating, O'Gara, Davis & Nedved, for Environmental Health Systems, Inc., an intervenor. Jane S. Converse, Esq., Department of Veterans Affairs, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's evaluation of offeror's past performance is unobjectionable where alleged deficiencies in past performance were reasonably assessed by the agency as having no negative impact on offeror's otherwise excellent past performance record. DECISION BFI Waste Systems of Nebraska, Inc. protests the award of a contract to Environmental Health Systems, Inc. (EHS) under request for proposals (RFP) No. 636-1-98, issued by the Department of Veterans Affairs. BFI challenges the agency's evaluation of EHS' past performance. We deny the protest. The RFP contemplated award of a fixed-price contract for pickup, transportation, and disposal of infectious medical waste from the Veterans Affairs Medical Centers (VAMC) in Omaha and Lincoln, Nebraska. Proposals were to be evaluated on the basis of quality (40 points), past performance (30 points), and price (30 points). Award was to be made to the offeror whose proposal was evaluated as most advantageous to the government. For evaluation purposes, offerors were required to submit specific information with regard to the first two evaluation factors. As to quality, offerors were to submit statements as to: whether the offeror was in compliance with Department of Transportation (DOT), Environmental Protection Agency (EPA), and Occupational Safety and Health Agency (OSHA) regulations, along with the date or copy of the offeror's license, permit, or certificates; quality management programs or training programs in effect and whether in-service and other continual training is provided to employees; and programs or training available for reduction of contaminated

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