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B-298751.5 1 (2007-05-01)

handle is hein.gao/gaocrptaubp0001 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: Philadelphia Produce Market Wholesalers, LLC File: B-298751.5 Date: May 1, 2007 Ellis M. Fleisher for the protester. Daniel R. Weckstein, Esq., Vandeventer Black LLP, for Military Produce Group, LLC, an intervenor. Elliot J. Clark, Jr., Esq., Defense Commissary Agency, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that awardee has an organizational conflict of interest arising from performance of contracts for similar work is denied where there is no support in the record for allegation that the awardee participated in drafting the performance requirements for the current procurement. 2. Protest of evaluation of proposals and award is denied where record shows evaluation and source selection were reasonable and consistent with the terms of the solicitation. DECISION Philadelphia Produce Market Wholesalers, LLC protests the award of a contract to Military Produce Group, LLC (MPG) under request for proposals (RFP) No. HDEC02- 06-R-0005, issued by the Defense Commissary Agency (DeCA) for fresh fruits and vegetables for resale at commissaries in its eastern region; Philadelphia protests the Area 3, Group 2 award. The protester contends that the agency should have excluded MPG from the competition based on an organizational conflict of interest; according to Philadelphia, MPG's performance of essentially the same work for the agency in another geographical region served as the basis for the current RFP's performance requirements. Philadelphia also contends that the past performance evaluations were unreasonable and generally challenges the reasonableness of the

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