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B-286226 1 (2000-11-07)

handle is hein.gao/gaocrptalfp0001 and id is 1 raw text is: h -e GeAtOa E Comptroller General of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: TLT Construction Corporation File: B-286226 Date: November 7, 2000 Patrick J. Sullivan, Esq., Heafitz & Sullivan, and Robert J. Symon, Esq., Spriggs & Hollingsworth, for the protester. William A. Hough, Esq., U.S. Army Corps of Engineers, for the agency. Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Use of negotiated rather than sealed bidding procedures in procurement for demolition and construction services is proper where the agency, based on performance problems encountered on prior contracts, reasonably determines that discussions might be necessary to ensure that offerors fully understand the importance of timely, quality performance, and that award must be based on technical evaluation factors as well as price. 2. Allegation that it is improper for an agency to rely on information retrieved from an electronic database to evaluate a construction contractor's past performance, without giving protester an opportunity to comment on allegedly negative information in the database, is denied, where the record shows that the protester has previously been given ample opportunities to clarify adverse past performance information in the database, and there is no reason to question the validity of the past perfo rmanc e info rmatio n. DECISION TLT Construction Corporation protests the U.S. Army Corps of Engineers' use of negotiated procedures in soliciting offers for upgrading the D-Area barracks at Fort Bragg, North Carolina under request for proposals (RFP) No. DACA21-00-R-0030. TLT also argues that the RFP's evaluation methodology is unreasonable. We deny the protest.

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