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B-296176.2 1 (2005-12-09)

handle is hein.gao/gaocrptaqwm0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: Clean Harbors Environmental Services, Inc. File: B-296176.2 Date: December 9, 2005 William E. Hughes III, Esq., Whyte Hirschboeck Dudek SC, for the protester. Michael H. Payne, Esq., Payne Hackenbracht & Sullivan, for Clean Venture, Inc., an intervenor. Doris Gibson, Department of Health and Human Services, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that past performance evaluation was unreasonable is sustained where record shows that agency made no attempt during evaluation to assess the relevance of the offerors' prior contracts, notwithstanding solicitation term requiring such an assessment. DECISION Clean Harbors Environmental Services, Inc. protests the award of a contract to Clean Venture, Inc. under request for proposals (RFP) No. 263-04-P (GG)-0061, issued by the National Institutes of Health (NIH) to acquire comprehensive chemical and low-level radioactive waste management services for NIH's main campus. Clean Harbors maintains that the agency misevaluated proposals in the area of past performance.' 1 Clean Harbors raised numerous additional arguments in its initial protest, but in its comments did not provide a substantive response to the agency report in any area except its assertions relating to past performance. Where, as here, an agency provides a detailed response to a protester's assertions and the protester either does not respond to the agency's position or provides a response that merely references or restates the original allegation without substantively rebutting the agency's position, we deem the initially-raised arguments abandoned. Citrus College KEI Pearson, Inc., B-293543 et al., Apr. 9, 2004, 2004 CPD 104 at 8 n.4.

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