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B-404712 1 (2011-03-01)

handle is hein.gao/gaobadbso0001 and id is 1 raw text is: ,G A O Comptroller General LXn , Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Bannum, Inc. File: B-404712 Date: March 1, 2011 Joseph A. Camardo, Jr., Esq., and Nancy M. Camardo, Esq., for the protester. David T. Ralston, Jr., Esq., and Frank S. Murray, Jr., Esq., Foley & Lardner LLP, for Keeton Corrections, Inc., the intervenor. Christine M. Hinkle, Esq., Department of Justice, for the agency. Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that an agency misevaluated the protester's past performance by considering the default termination of an earlier contract is denied where the solicitation did not limit the evaluation of past performance to those references submitted by the offeror, or to events within 3 years of the date of the award. DECISION Bannum, Inc., of Odessa, Florida, protests the award of a contract to Keeton Corrections, Inc., of Tallahassee, Florida by the Department of Justice, Bureau of Prisons (BoP), under request for proposals (RFP) No. 200-1021-SE for residential reentry center services for federal offenders in Tallahassee, Florida. Bannum argues that the BoP misevaluated its past performance. We deny the protest. On April 18, 2008, the BoP issued the RFP, seeking proposals to provide services under an indefinite-delivery/indefinite-quantity (ID/IQ) contract at daily per-inmate fixed prices for a base year and three option years. RFP at 2, 96. The RFP provided that proposals would be evaluated under three factors: past performance, technical/management, and price. RFP at 104-06. The RFP specified that the past performance evaluation would consider the offeror's probability of successfully performing the contract based on its record of performance on relevant current and past contract efforts. The RFP emphasized that in the past performance evaluation, more recent and more relevant past performance would have a greater impact than less recent and less relevant performance. However, the RFP also noted that where

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