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B-289592 1 (2002-03-20)

handle is hein.gao/gaocrptaodj0001 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: Chicataw Construction, Inc.

          File:        B-289592; B-289592.2

          Date:        March 20, 2002

          Lawrence J. Sklute, Esq., Sklute & Associates, for the protester.
          Joel David Malkin, Esq., General Services Administration, for the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's challenge to the evaluation of its past performance is denied where the
          record shows that the agency made reasonable efforts to contact the required
          minimum of three past performance references, and ultimately used a neutral rating
          for the reference it was unable to reach.

          2. Agency's post-protest recalculation of the protester's past performance score, and
          corresponding redetermination that the awardee's proposal still represents the best
          value to the government, will be considered where the reevaluation is limited in
          scope, primarily involves a straightforward recalculation with little room for
          subjective judgment, and there is nothing in the record to support a conclusion that
          the resulting increase in the protester's score would materially alter the agency's
          selection decision.
          DECISION

          Chicataw Construction, Inc. protests the award of a contract to Hammond
          Corporation by the General Services Administration (GSA), pursuant to solicitation
          No. GS05PO1GAC0174, issued to procure a chiller/cooling tower replacement for the
          Federal Building in Akron, Ohio. Chicataw argues that the agency's evaluation of
          past performance was unreasonable.

          We deny the protest.

          BACKGROUND

          The solicitation here was issued on September 14, 2001, and anticipated award of a
          fixed-price contract for the demolition and removal of existing chiller and cooling

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