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B-283445 1 (1999-11-19)

handle is hein.gao/gaocrptajmi0001 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: OneSource Energy Services, hie.

         File:      B-283445

         Date:      November 19, 1999


         Kenneth D. Brody, Esq., David, Brody & Dondershine, for the protester.
         J. Randolph MacPherson, Esq., Sullivan & Worcester, for Park Tower Management
         Ltd., the intervenor.
         Scarlett D. Grose, Esq., General Services Administration, for the agency.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Evaluation of protester's past performance is unreasonable where it is based upon
         inaccurate information and improperly considered the protester's legitimate exercise
         of rights under its contract to be evidence of negative past performance.

         2. Agency unreasonably evaluated the protester's staffing as unacceptable based
         upon mechanical reliance on an undisclosed government minimum staffing estimate
         where the protester proposed [DELETED] fewer than the agency's estimate and
         supplemented this staffing level with [DELETED] positions, and where there is no
         evidence that the agency considered the protester's technical approach.
         DECISION

         OneSource Energy Services, Inc.! protests the award of a contract to Park Tower
         Management Ltd. under request for proposals (RFP) No. GS-02P-97-CTC-0207, issued
         by the General Services Administration (GSA), for mechanical operations and
         maintenance services at two buildings in New York, New York. OneSource
         contends that GSA improperly evaluated its past performance and proposed staffing,
         and that the agency failed to conduct meaningful discussions with the firm.



         'During this procurement, OneSource changed its name from ISS Energy Services,
         Inc. Protest at 1 n.2.

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