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B-283309.2 1 (2000-01-10)

handle is hein.gao/gaocrptakxz0001 and id is 1 raw text is: -e GeAtOa __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: Mid Pacific Environmental File: B-283309.2 Date: January 10, 2000 Richard B. Oliver, Esq., and Christopher B. McDavid, Esq., McKenna & Cuneo, for the protester. Karen E. Schools, Esq., Defense Logistics Agency, for the agency. Jacqueline Maeder, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency failed to perform proper best value determination is denied where the source selection authority considered technical evaluations, past performance ratings and cost in his award determination and reasonably determined that the evaluated superiority of the highest technically rated proposal warranted payment of the associated cost premium. DECISION Mid Pacific Environmental protests the award of a contract to Willbros Operating Systems, Inc. under request for proposals (RFP) No. SP0600-R-0009, issued by the Defense Energy Support Center (DESC), Defense Logistics Agency to provide and operate an automated fuel dispensing facility at the U.S. Marine Corps Air Ground Combat Center, 29 Palms, California. Mid Pacific questions the propriety of the agency's evaluation of the awardee's past performance, and asserts that the resulting best value determination is flawed and inadequately documented. We deny the protest. The RFP, issued October 2, 1998, contemplated the award of a fixed-price contract for a 5-year base period with three 5-year option periods. RFP § L74 and amend. 8 § B34.01(6). The RFP, as amended, required that the facility consist of metered fuel pumps capable of fueling a minimum of 50 vehicles (trucks or equipment) per hour with JP8 (aviation), diesel, or unleaded gasoline, and 8 track-type vehicles (tanks) per hour with JP8 or diesel fuel. RFP amend. 8, § B34.01(2). Associated fuel dispensing storage was to include tanks for the 3 grades of government-provided

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