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B-421462 May 09, 2023 1 (2023-05-09)

handle is hein.gao/gaoopw0001 and id is 1 raw text is: 



                    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:   Byrd Enterprises Unlimited, Inc.

File:        B-421462

Date:        May 9, 2023

Edward  J. Tolchin, Esq., Offit Kurman, P.A., for the protester.
Matthew  T. Schoonover, Esq., Matthew P. Moriarty, Esq.; John M. Mattox II, Esq., Ian
P. Patterson, Esq., and Timothy Laughlin, Esq., Schoonover & Moriarty LLC, for
AIIServ, Inc., the intervenor.
Erika Whelan Retta, Esq., and Isabelle P. Cutting, Esq., Department of the Air Force, for
the agency.
Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's decision to make award before resolving the
protester's alleged agency-level protest is denied where the record does not show that
the protester submitted a protest to the agency.

2. Protest challenging the agency's evaluation of the awardee's past performance and
the agency's source selection decision is denied where the record shows that the
agency's evaluation was reasonable and consistent with the terms of the solicitation.
DECISION

Byrd Enterprises Unlimited, Inc., a service-disabled veteran-owned small business
(SDVOSB)   of Lynchburg, Virginia, protests the award of a contract to AIIServ, Inc., of
Chapin, South Carolina, under request for quotations (RFQ) No. FA4626-23-Q-0001,
issued by the Department of the Air Force for ground maintenance services. The
protester contends that the agency unreasonably evaluated the awardee's proposal1
and made  an improper source selection decision.

1 Although issued as an RFQ for the acquisition of commercial products and services
under Federal Acquisition Regulation (FAR) part 12 and the simplified acquisition
procedures of FAR part 13, the solicitation refers to firms as offerors, and the
responses submitted as quotations. For the sake of consistency, and because the

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