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B-404132 1 (2011-01-10)

handle is hein.gao/gaobadbqc0001 and id is 1 raw text is: 


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A     ,   GA       O                                                  Comptroller General
       Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  Rebecca  Ryan d/b/a Flyaway Farm and Kennels

          File:       B-404132

          Date:       January 10, 2011

          Rebecca Ryan for the protester.
          Nicholas B. Carter, Esq., Birdstrike Control Program, Inc., for the intervenor.
          Christopher S. Cole, Esq., and Capt. Catherine M. Tornberg, Department of the Air
          Force, for the agency.
          Jacqueline Maeder, Esq., and David A. Ashen, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest is denied where the agency reasonably evaluated the awardee's past
          performance and, in accordance with the solicitation, selected the awardee's
          proposal as the lowest-priced offer with a substantial confidence rating.
          DECISION

          Rebecca Ryan d/b/a Flyaway Farm and Kennels (Flyaway), of Chadbourne, North
          Carolina, protests the Department of the Air Force's award of a contract to
          Birdstrike Control Program, Inc. (Birdstrike), of Willis, Texas, under request for
          proposals (RFP) No. FlQOWSO228AOO1,  for a comprehensive bird and wildlife
          management  control program at Dover Air Force Base (AFB), Delaware. Flyaway
          challenges the evaluation of proposals.

          We deny the protest.

          The RFP was issued as a small business set-aside for commercial items in
          accordance with Federal Acquisition Regulation Part 12.6. The RFP contemplated
          the award of a fixed-price contract to implement the Bird Airstrike Hazard (BASH)
          Program, the purpose of which is to provide bird and wildlife management and
          control services to protect flying operations and rid the arrival/departure corridors
          of all potential hazards to flight operations. RFP at 1, 12-13.

          A detailed performance work statement (PWS) was provided to describe the
          required wildlife control services. Id. at 11-19. According to the PWS, Dover AFB is

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