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B-282947 1 (1999-09-15)

handle is hein.gao/gaocrptajkx0001 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: Nova Group, hie. File: B-282947 Date: September 15, 1999 Carol L. O'Riordan, Esq., O'Riordan & Associates, for the protester. Michael H. Payne, Esq., Starfield & Payne, for Healy Tibbitts Builders, Inc., the intervenor. Ron R. Ashlock, Esq., and Richard G. Welsh, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably evaluated protester's construction management plan as satisfactory, rather than outstanding, on the basis that the plan does not contain sufficient details to satisfy the agency that the plan had a high probability of success, but only contained promises to perform acceptably. 2. Protest is sustained where agency improperly downgraded protester's past performance based merely on protester's history of contract claims, with no allegation that protester abused the claims process. DECISION Nova Group, Inc. protests the award of a contract to Healy Tibbitts Builders, Inc. under request for proposals (RFP) No. N62742-97-R-1313, issued by the Department of the Navy, Naval Facilities Engineering Command, for pierside construction projects at the Naval Station, Pearl Harbor, Hawaii. Nova protests the agency's evaluation of te chnic al pro po sals. We sustain the protest because the Navy's evaluation of past performance improperly penalized the protester simply for using the contract claims process. The RFP, issued on December 11, 1998, contemplated the award of a fixed-price construction contract for two projects with options for eight additional projects. The RFP stated a best value evaluation plan under which the technical evaluation

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