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B-282776 1 (1999-07-21)

handle is hein.gao/gaocrptajkn0001 and id is 1 raw text is: 



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



         Decision


         Matter of: U.S. Constructors, Inc.

         File:      B-282776

         Date:      July 21, 1999


         Johnathan M. Bailey, Esq., Law Office of Theodore M. Bailey, for the protester.
         Lee W. Crook, III, Esq., General Services Administration, for the agency.
         Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Where the solicitation provided for award on the basis of initial proposals without
         conducting discussions and expressly required offerors to furnish with their initial
         proposals three completed past performance reference questionnaires, agency
         reasonably determined not to communicate with the protester regarding its
         performance history where the protester failed to provide completed questionnaires
         in its initial proposal.
         DECISION

         U.S. Constructors, Inc. (USC) protests the award of a contract to Dover Elevator
         Company under request for proposals (RFP) No. GS-07P-99-UWC-0005, issued by the
         General Services Administration for elevator modernization at the Federal
         Building/Courthouse, Tyler, Texas. USC challenges the agency's decision not to
         communicate with it concerning its performance history.

         We deny the protest.

         The RFP contemplated the award of a fixed-price contract to the offeror whose
         proposal was most advantageous to the government, technical evaluation factors and
         price considered. RFP at 1. The RFP included the following technical evaluation
         factors: (1) experience and past performance; (2) number of similar/comparable
         projects completed; (3) quality of references; and (4) percentage of work to be
         performed by offeror. Id. at 5-6. The experience and past performance factor was
         weighted at 40 percent and the other three factors were each weighted at 20 percent.
         Each technical evaluation factor could receive a maximum raw score of 7 points,
         which then would be multiplied by the assigned factor weight. Under this evaluation

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