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B-280767.4 1 (1999-09-10)

handle is hein.gao/gaocrptajev0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: D.F. Zee's Fire Fighter Catering File: B-280767.4 Date: September 10, 1999 John Lukjanowicz, Esq., Oles Morrison Rinker & Baker, for the protester. Alan D. Groesbeck, Esq., Department of Agriculture, for the agency. John L. Formica, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency unreasonably evaluated the protester's final revised offer (FRO) under certain technical evaluation factors is denied where the record shows that the evaluation was reasonable; the fact that the protester's FRO received a slightly lower technical rating than the protester's previous offer, even though the protester's FRO and previous offer were substantially the same, does not establish that the FRO evaluation was unreasonable. 2. Agency complied with Federal Acquisition Regulation § 42.1503(e), which provides that past performance information shall not be retained to provide source selection information for longer than 3 years after completion of contract performance, even though it considered all of the protester's 5-year past performance history under the predecessor contract, because the past performance evaluation took place within 3 years of completion of that contract's performance. DECISION D.F. Zee's Fire Fighter Catering (DFZ) protests the awards of contracts to Z-Best Company and Port-A-Pit Catering under request for proposals (RFP) No. 49-98-10, issued by the Forest Service, Department of Agriculture, for mobile food services. The protester argues that the agency's evaluation of proposals and selection of the awardees' higher-priced proposals for the awards were unreasonable. We deny the protest. The RFP, issued on March 11, 1998, provided for award of fixed-price, indefinite- delivery, indefinite-quantity, requirements contracts for a 1-year base period with four 1-year options. RFP §§ B, at 2, L.5, at 138. The successful contractors under the

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