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B-282661.2 1 (1999-07-09)

handle is hein.gao/gaocrptajki0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                               Comptroller General
                                                                  of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: East Slope Conservation Services

         File:       B-282661.2

         Date:       July 9, 1999


         Chris Hindoien for the protester.
         Triscilla P. Taylor, Esq., and Justin P. Patterson, Esq., Department of the Interior, for
         the agency.
         Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest that solicitation language misled protester to price its offer on the basis that
         the agency required acceptance of credit card payment, and that the solicitation
         called for experience under agency contracts to be more highly rated than
         experience obtained outside the agency is denied where each allegation is based on
         pro tester's misreading of the solicitation.
         DECISION

         East Slope Conservation Services protests the award of a contract to Helena Weed
         Control under a commercial item solicitation, No. C50-99-2975, issued as a total small
         business set-aside by the Bureau of Indian Affairs (BIA), Department of the Interior,
         for noxious weed control services on the Blackfeet Indian Reservation in Montana.
         East Slope alleges that, had the solicitation not required offerors to accept payment
         by Master Card, East Slope would have submitted the lowest offer. East Slope also
         alleges that its successful past performance with BIA should have been evaluated as
         superior to the awardee's past performance with another agency.
         We deny the protest.
         The solicitation was issued on April 14, 1999 with an April 30 closing date. Section
         E.3, entitled EVALUATION-COMMERCIAL ITEMS, provided that an award would
         be made to the responsible offeror whose offer conforming to the solicitation will be
         most advantageous to the government, price and other factors considered. That
         section further set forth the evaluation factors, stating that: [t]echnical and past
         performance, when combined, are significantly less important than cost or price.

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