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B-279093.2 1 (1998-04-20)

handle is hein.gao/gaocrptahrl0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Goshen Excavators File: B-279093.2 Date: April 20, 1998 Geoffrey Drury, Esq., Nania & Drury, for the protester. Andre Bohdan Prypchan, Esq., Department of the Army, for the agency. Christine F. Davis, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly declined to reverse a nonresponsibility determination based on new information presented by the protester after the Small Business Administration declined to issue a certificate of competency, where the agency reasonably viewed as unpersuasive the protester's objections to a negative past performance reference and reasonably discounted a positive reference for a contract that was not similar to the instant contract. DECISION Goshen Excavators protests its rejection as nonresponsible by the United States Army Corps of Engineers, Chicago District, under request for quotations (RFQ) No. DACW23-97-Q-0136, for seawall protection construction work at the Great Lakes Naval Training Center, Fort Sheridan, Illinois. We deny the protest. The agency received three quotes on September 24, 1997. Since Goshen's lowest-priced quote of $87,600 was in line for selection, the contract specialist conducted a preaward survey to assess Goshen's responsibility. On October 30, the contract specialist recommended that Goshen be found nonresponsible based upon negative information obtained from four contract references, including the Corps's Rock Island Illinois District, which issued an unsatisfactory performance evaluation of Goshen's performance under a 1994 contract.1 The information from these references indicated that Goshen did not pay subcontractors on time, did not 'Before completing his preaward survey, the contract specialist allegedly advised Goshen that he anticipated making an affirmative responsibility recommendation. Even if the contract specialist made this remark, the record is clear that the contract specialist viewed Goshen as nonresponsible at the conclusion of the preaward survey.

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