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B-279793 1 (1998-07-23)

handle is hein.gao/gaocrptahtr0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Pacific Ship Repair and Fabrication, Inc.

             File:       B-279793

             Date:       July 23, 1998

             Richard B. Oliver, Esq., and Linda S. Kayajanian, Esq., McKenna & Cuneo, for the
             protester.
             Samuel J. Galbo, Jr., Esq., Janice Passo, Esq., Valerie A. Williams, Esq., and
             James Beback, Esq., Department of the Navy, for the agency.
             Christine Davis, Esq., and James Spangenberg, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. An agency properly rated the protester's past performance on several contracts
             as satisfactory, where the agency relied on the ratings on the various elements of
             performance supplied by a cognizant contracting official, even though there was no
             supporting narrative on the questionnaire forms regarding the protester's
             performance of these contracts.

             2. An agency improperly assigned satisfactory ratings to reflect the protester's past
             performance on several contracts, where the agency failed to obtain any
             information regarding the protester's performance of these contracts; however, the
             protester has not established a reasonable possibility that it was prejudiced by the
             misevaluation, where the protester failed to submit any evidence that its
             performance of these contracts was better than satisfactory.

             3. An agency reasonably determined that the awardee possessed an exceptional
             past performance record and represented a minimal performance risk in performing
             the solicited ship repair contract, notwithstanding significant differences between
             the awardee's prior contracts and the solicited contract, where those differences
             did not negate the applicability of the many performance strengths possessed by the
             awardee that were considered in the past performance evaluation.

             4. In a solicitation for a fixed-price contract that provided for a price realism
             evaluation, an agency reasonably questioned the realism of certain prices in the
             protester's proposal, where those prices were much lower than the independent
             government cost estimate and the prices proposed by other offerors.

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