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B-296875 1 (2005-10-18)

handle is hein.gao/gaocrptaqyn0001 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 redacted version has been
                                                      approved for public release.

          Decision

          Matter of: J.A. Farrington Janitorial Services

          File:        B-296875

          Date:        October 18, 2005

          Michael A. Gordon, Esq., and Fran Baskin, Esq., Holmes & Gordon, for the protester.
          Clarence D. Long III, Esq., and Bradford L. Buchanan, Esq., Department of the Air
          Force, 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. Agency's rejection of fixed-price proposal submitted by HUBZone small business
          because the price was determined unrealistically low was improper, where the
          solicitation contains no evaluation criterion pertaining to price realism or
          understanding; such a determination concerns the offeror's responsibility, i.e., the
          offeror's ability and capacity to successfully perform the contract at its offered price,
          and must be submitted to the Small Business Administration for a possible
          certificate of competency.

          2. Agency determination that the protester's past performance was only entitled to a
          confidence rating was reasonable and gave appropriate consideration to the
          considerable relevant and successful past performance of protester's mentor and
          major subcontractor, where the protester had no relevant past performance.

          3. Protest challenging the past performance evaluation of the awardee is sustained
          where the record fails to explain why the contracts, on which the past performance
          rating was based, were relevant, given their relatively low dollar value compared to
          the estimated dollar value of the solicited contract.
          DECISION

          J.A. Farrington Janitorial Services (JAF) protests the award of a contract to Roberts
          Treescaping, LLC (RTS) under request for proposals (RFP) No. FA2543-04-R-0003,
          issued by the Department of the Air Force for integrated grounds management at
          Buckley Air Force Base (AFB), Colorado.


We sustain the protest.

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