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B-283080 1 (1999-10-04)

handle is hein.gao/gaocrptajld0001 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: Acepex Management Corporation File: B-283080; B-283080.2; B-283080.3 Date: October 4, 1999 James F. Nagle, Esq., and W. Gregory Guedel, Esq., Oles Morrison Rinker & Baker, for the protester. J. Michael Morgan, Esq., Lohf, Shaiman & Jacobs, for Kleen-Tech Building Services, Inc., the intervenor. Clarence D. Long, III, Esq., Department of the Air Force, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's evaluation of the awardee's present and past performance is denied where the record shows that the evaluation was reasonable; an agency has the discretion in evaluating present and past performance to determine the scope of the performance histories to be considered provided that all proposals are evaluated on the same basis and consistent with the terms of the solicitation. 2. The record of the agency's evaluation of the offerors' present and past performance was adequate where the documentation allowed our Office to review the agency's actions and determinations, and reach a reasoned conclusion as to the reasonableness of the agency's evaluation and source selection. 3. Agency's post-award, post-protest communications with the awardee were not discussions where the awardee was neither provided the opportunity nor did it attempt to modify its proposal.

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