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B-298841 1 (2006-12-21)

handle is hein.gao/gaocrptassg0001 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
Washington, DC 20548



          Decision


          Matter of: John Blood

          File:        B-298841; B-298841.2

          Date:        December 21, 2006

          John Blood for the protester.
          Azine Farzami, Esq., Department of Agriculture, for the agency.
          Nora K. Adkins, Esq., and James Spangenberg, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Under tree thinning solicitation that requested a housing plan be provided with
          the quotation, awardee's quotation stated that its workers would camp on-site, but
          did not address or indicate that it would not comply with the housing provisions of
          the Migrant and Seasonal Worker Protection Act, 29 U.S.C. §§ 1801-1872 (2000), and
          was therefore not unacceptable; the agency did not have duty to specifically confirm
          prior to award that awardee would comply with the Act during contract
          performance.

          2. Agency may properly consider an evaluator's personal knowledge of and
          documented past experiences with a vendor in a past performance evaluation.
          DECISION

          John Blood protests the agency's evaluation of quotations received in response to
          solicitation No. AG-82MK-S-06-0019, issued by the Forest Service, United States
          Department of Agriculture, for tree thinning to protect area properties and power
          lines from wildfires in three units in the Gunnison Ranger District of the Grand Mesa,
          Uncompahgre and Gunnison National Forests in Colorado.

          We deny the protests.

          The request for quotations (RFQ), issued as a small business set-aside under
          simplified acquisition procedures, contemplated the award of a fixed-price order to
          the vendor whose quotation represented the best value to the government.
          Quotations were to be evaluated based on price, and the following four technical
          criteria listed in descending order of importance: technical capability, past

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