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B-291633 1 (2003-01-24)

handle is hein.gao/gaobacyfi0001 and id is 1 raw text is: I G A 0 Comptroller General -------- Accountability * Integrity * Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Wadsworth Builders, Inc. File: B-291633 Date: January 24, 2003 Michael B. Galletch, Esq., Barokas Martin & Tomlinson, for the protester. John D. Inazu, Esq., and Nancy Anderson Sinclair, Esq., Department of the Air Force, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of past performance evaluation is denied where record supports agency's rating of protester's past performance, including its determination regarding which contracts were recent and relevant within the meaning of the solicitation. To the extent that one prior contract should have been considered relevant but was not, the protester was not prejudiced as a result, given that the record shows no reasonable possibility that the agency would have rated protester's past performance more favorably had this contract been considered. DECISION Wadsworth Builders, Inc. protests the award of a contract to Falls Construction Company under request for proposals (RFP) No. F24604-02-R-0045, issued by the Department of the Air Force for the replacement of gas lines in Capehart Military Family Housing at Malmstrom Air Force Base (AFB), Montana. The protester contends that the agency misevaluated both offerors' past performance. We deny the protest. The RFP, which was issued on August 8, 2002, contemplated the award of a fixed-price contract to the offeror whose proposal represented the best value to the government, price and past performance considered. The solicitation provided that in the award determination, the two factors would be of approximately equal weight. Four offerors submitted proposals prior to the September 9 closing date. After reviewing offerors' past performance information, the evaluators assigned the following ratings:

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