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B-284049.2 1 (2000-02-22)

handle is hein.gao/gaocrptakze0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: A.G. Cullen Construction, hie. File: B-284049.2 Date: February 22, 2000 Arlene Cullen for the protester. Capt. Jessica D. Ursell, Department of the Air Force, for the agency. Jennifer D. Westfall-Mc Grail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where request for proposals provided for award to offeror whose combination of past performance and price represented best value to government, with past performance of significantly more importance than price, agency reasonably selected for award higher-priced offeror with better past performance rating. 2. Where award is to be made without discussions, contracting officer must give an offeror an opportunity to clarify adverse past performance information to which the offeror has not previously had an opportunity to respond only where there clearly is a reason to question the validity of the past performance information; in the absence of a clear basis to question the past performance information, contracting officer has discretion, short of acting in bad faith, not to ask for clarifications. DECISION A. G. Cullen Construction, Inc. protests the rejection of its offer and the award of a contract to DiCicco Contracting Company under request for proposals (RFP) No. F36629-99-R-0001, issued by the Department of the Air Force to maintain, alter, and repair the Base Supply, Building 312 and widen Alpha Street at Pittsburgh Air Reserve Station. Cullen contends that its proposal, which was lowest in price, should have been selected for award. We deny the protest. The RFP, which was issued on July 15, 1999, contemplated the award, without discussions, of a fixed-price construction contract to the offeror whose proposal represented the best value to the government. Best value was to be determined

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