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B-298047.3 1 (2006-09-20)

handle is hein.gao/gaocrptasop0001 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: Family Entertainment Services, Inc. File: B-298047.3 Date: September 20, 2006 Michael Bornstein, Esq., Ricketts Co. LPA, for the protester. Johnathan M. Bailey, Esq., Bailey & Bailey, for Total Grounds Maintenance, LLC, the intervenor. Capt. John J. Pritchard, and Lt. Col. Frank A. March, Department of the Army, for the agency. John L. Formica, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency's evaluation of the protester's past performance was unreasonable is sustained where the record evidences that the protester and awardee were not treated equally with regard to the agency's efforts to contact past performance references, and the record does not provide a reasonable explanation for the agency's conclusions regarding the protester's past performance, including what if any impact the agency's receipt of contract performance assessment reports had on its evaluation. 2. Agency reasonably considered the past performance information set forth in the awardee's proposal where the solicitation provided for the consideration of past performance information regarding predecessor companies and key personnel, the awardee's proposal explained the relationship between it and the firm that had performed the contracts described, and nothing in the record is inconsistent with the awardee's representations; however, the agency failed to evaluate the awardee's past performance in accordance with the terms of the solicitation where there is no evidence that the agency, when rating the awardee's past performance, took into account the solicitation's provision that past performance information concerning predecessor companies and key personnel would not be as highly rated as past performance information for the principal offeror.

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