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B-284240.3 1 (2000-03-27)

handle is hein.gao/gaocrptalad0001 and id is 1 raw text is: __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: PEMCO World Air Services File: B-284240.3; B-284240.4; B-284240.5 Date: March 27, 2000 Ronald K Henry, Esq., and Larry J. Gusman, Esq., Kaye, Scholer, Fierman, Hays & Handler, for the protester. Ellen D. Washingto n, Esq., Rosalind Wo o lbright, Esq., and Daniel D. Pangburn, Esq., Naval Air Systems Command, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In evaluating past performance, agency reasonably downgraded incumbent contractor because of specific do cumented problems attributed to incumbent contractor's performance of predecessor contract. 2. 'Where solicitation advised offerors that agency intended to award contract on the basis of initial proposals, agency reasonably concluded that award could not be made to protester on the basis of a proposal that contained conflicting information regarding compliance with a material contract requirement. 3. Agency's intent to obtain required Defense Security Cooperation Agency's (DSCA) determination prior to issuing task orders for foreign military sales customers, rather than prior to award of requirements contract, does not provide a basis to sustain protest, where agency's approach is consistent with the advice and direction of DSCA. DECISION PEMCO World Air Services protests the Department of the Navy's award of a contract to Canadian Commercial Corporation (CCC) on behalf of IMP Group Limited' under request for proposals (RFP) No. N00019-98-R-0011 to provide 'Pursuant to Defense Federal Acquisition Regulation Supplement (DFARS) § 225.870-3, contracts with Canadian firms generally are to be made with the CCC, (continued...)

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