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B-282247 1 (1999-03-31)

handle is hein.gao/gaocrptajjg0001 and id is 1 raw text is: o1 ~Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Oahu Tree Experts File: B-282247 Date: March 31, 1999 Nancy 0. Dix, Esq., Mary E. Shallman, Esq., Matthew C. Bernstein, Esq., Gray Cary Ware & Freidenrich, LLP, for the protester. John E. Lariccia, Esq., Department of the Air Force,, for the agency. Christine F. Davis, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. General Accounting Office dismisses protest that an agency knowingly relied upon biased past performance information in a Contractor Performance Assessment Report (CPAR) in evaluating the protester's past performance, where the underlying issue in the protest--whether the CPAR was biased--is the subject of litigation before a court of competent jurisdiction. 2. Protest that an agency assertedly violated a solicitation requirement that all references be evaluated is legally insufficient, where the solicitation contains no such requirement. 3. Protest to General Accounting Office that agency failed to properly distribute answers to questions is untimely when filed more than 10 days after the denial of an agency-level protest of this same issue. DECISION Oahu Tree Experts protests the award of a contract to Maintenance Engineers under request for proposals (RFP) No. F64605-98-R-0035, issued by the Department of the Air Force, for ground maintenance services at Iickam Air Force Base, Hawaii. We dismiss the protest. Oahu was the incumbent contractor for the solicited services. Oahu listed the incumbent contract and five other relevant contracts as past performance references.1 The agency rated Oahu's past performance as poor under a past 1The RFP listed certain criteria for a contract to be considered relevant to the past performance evaluation. Protest at 4.

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