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B-278797 1 (1998-03-16)

handle is hein.gao/gaocrptahqg0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Rockhill Industries, Inc. File: B-278797 Date: March 16, 1998 Martin J. Prenosil and Christopher Zamagias for the protester. David R. Hazelton, Esq., Latham & Watkins, for Miller-Holzwarth, Inc., an interveno r. Joshua A. Kranzberg, Esq., and Arthur M. Boley, Esq., U.S. Army Materiel Command, 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. Protester alleging bias on the part of agency officials must provide credible evidence clearly demonstrating such bias and that the bias itself translated into action that unfairly affected the protester's competitive position; correspondence that merely repeats the allegations and shows only that contracting officials exercised their discretion, under other contracts, in denying protester's request for progress payments and government-furnished property and in approving awardee's request for waiver of first article requirements does not meet this burden of proof. 2. Where record shows that awardee's performance under prior contracts was generally timely, while protester had difficulty performing whenever it became necessary to order and purchase parts from subcontractors, agency's evaluation of past performance, which concluded that there was a significantly smaller risk in awarding contract to the offeror with the better performance record, was reasonable and consistent with the solicitation. DECISION Rockhill Industries, Inc. protests the award of a contract to Miller-Holzwarth Inc., (MHI) under request for proposals (RFP) No. DAAE07-97-R-TO11, issued by the Department of the Army for Ml Abrams tank periscopes. Rockhill contends that the Army demonstrated bias in its selection of MHI for award and challenges the agency's evaluation of past performance. We deny the protest.

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