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B-288649.2 1 (2001-12-17)

handle is hein.gao/gaocrptamsj0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy 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: M&W Construction Corporation File: B-288649.2 Date: December 17, 2001 Michael J. Gardner, Esq., Francis E. Purcell, Jr., Esq., James S. Phillips, Esq., and Robert E. Korroch, Esq., Williams Mullen Clark & Dobbins, for the protester. Mary E. Clarke, Esq., Defense Logistics Agency, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Incumbent contractor did not have organizational conflict of interest or unfair competitive advantage where, contrary to the protester's assertion, the agency, not the incumbent, drafted the statement of work used in the protested procurement. 2. Agency reasonably found awardee's technical proposal to be technically superior to the protester's proposal, where the awardee's proposal contained more relevant details and evidenced superior qualifications. 3. Awardee was reasonably considered to have past performance superior to the protester's, where the awardee had performed the identical work and had received consistent positive references for its work, while the protester had not performed directly relevant work and had received a negative reference for what it asserts is its most relevant contract. DECISION M&W Construction Corporation protests the award of a fixed-price contract to Teilhaber Manufacturing Corporation under request for proposals (RFP) No. SP3100- 01-R-0010, issued by the Defense Logistics Agency (DLA), Defense Distribution Center, for the repair of a rack system at the Defense Distribution Mapping Activity in Richmond, Virginia. M&W asserts that the award was improper because Teilhaber has an organizational conflict of interest inasmuch as Teilhaber was assertedly involved in drafting of the scope of work (SOW) for this solicitation. M&W also asserts that the agency's technical and past performance evaluations were unreasonable.

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