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B-310808 1 (2008-01-29)

handle is hein.gao/gaocrptavyd0001 and id is 1 raw text is: G a A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Daylight Tree Service & Equipment, LLC File: B-310808 Date: January 29, 2008 Scott Muir, for the protester. Melissa McClellan, Esq., U.S. Department of Agriculture, Forest Service, for the agency. Paula J. Haurilesko, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency improperly considered the past performance of another company in evaluating protester is denied where the two companies shared the same address, telephone number, and point of contact, and where the protester included contacts from contracts performed by the affiliated company in its references. DECISION Daylight Tree Service & Equipment, LLC, protests the award of a contract to Woolery Timber Management by the U.S. Department of Agriculture Forest Service under request for proposals (RFP) No. AG-9A63-S-07-0088, for tree and vegetation mastication services. Daylight contends that the Forest Service improperly evaluated Daylight's proposal using past performance information for another company. We deny the protest. The Forest Service issued on July 25, 2007, the RFP for a firm fixed-price contract for the mastication of overstocked trees, woody material, and other vegetation in a section of the Tahoe National Forest. RFP at 3. The RFP contemplated awarding to the offeror whose proposal provided the best value to the government, and stated that the award would be based on a trade-off between price and non-price factors, comparing the relative risk of poor or nonperformance with the price. Id. at 41. The non-price factors, (1) organizational experience, (2) organizational past performance, (3) local community economic enhancement, and (4) understanding of the government's requirements, were to be of approximately equal value to each

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