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B-280767.2 1 (1998-12-28)

handle is hein.gao/gaocrptahwt0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Wilderness Mountain Catering File: B-280767.2 Date: December 28, 1998 R. Wade Curtis, Esq., Belnap, Curtis & Drozda, for the protester. Alan D. Groesbeck, Esq., Department of Agriculture, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Settlement agreement resolving prior contract dispute did not preclude agency, in its evaluation of protester's past performance, from considering protester's performance under the contract that was the subject of the dispute where the settlement agreement did not require agency to disregard contractor's performance; a condition to a settlement agreement that is not clearly set out in the language of the agreement will not be inferred. DECISION Wilderness Mountain Catering protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. 49-98-10, issued by the Forest Service, Department of Agriculture, for mobile food services. We deny the protest. The RFP, issued on March 11, 1998, provided for multiple awards of fixed-price, indefinite-delivery, indefinite-quantity, requirements contracts with 1-year base periods and four 1-year options. RFP at 2. The successful contractors under the RFP will be required to provide hot and cold meals and supplemental items at various locations during wildland fires and other activities throughout the contiguous western United States. RFP at 12. The RFP stated that awards would be made to the offerors submitting the proposals determined to be most advantageous to the government, and listed the following evaluation factors in descending order of importance: (a) Past Performance, (b) Equipment, (c) Ability to Understand and Perform the Work, and (d) Experience.1 RFP at 151. The RFP added that these non-price factors as 1The ability to understand and perform the work evaluation factor included the following subfactors: organization, personnel, and capacity.

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