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B-420419.2 May 09, 2022 1 (2022-05-09)

handle is hein.gao/gaoncz0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Shimmick Construction Company, Inc. File: B-420419.2 Date: May 9, 2022 Giovanni M. Ruscitti, Esq., Justin C. Berg, Esq., Jack P. Storti, Esq., Benjamin F. Silfen, Esq., Berg Hill Greenleaf Ruscitti LLP, for the protester. Lawrence M. Prosen, Esq., Benjamin L. Williams, Esq., and Josephine M. Bahn, Esq., Cozen O'Connor, for C.J. Mahan Construction Company, LLC, the intervenor. Elisabeth A. Dixon, Esq., Matthew R. Keiser, Esq., and Tarrah M. Beavin, Esq., Department of the Army, for the agency. Uri R. Yoo, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's consideration of the protester's past performance on an ongoing project, retrieved from the Contractor Performance Assessment Reporting System, is denied where the agency's evaluation was reasonable and consistent with the terms of the solicitation. 2. Protest alleging that agency's discussions were misleading and not meaningful is denied where the agency was not required to discuss adverse past performance information to which the offeror has had an opportunity to respond. 3. Protest alleging bias is denied where the protester failed to provide convincing evidence of bad faith and instead relied upon inferences drawn from the existence of an ongoing dispute. 4. Protest challenging the agency's technical evaluation is denied where the evaluation was reasonable and consistent with the terms of the solicitation. 5. Protest challenging the agency's tradeoff decision is denied where the decision was supported by a qualitative comparison of proposals and adequately documented.

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