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B-291934 1 (2003-04-23)

handle is hein.gao/gaobadiwc0001 and id is 1 raw text is: 


   I

 &     ,  G     A    0                                                 Comptroller General
AAccountability * 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: Exelon Services Federal Group

           File:       B-291934

           Date:       April 23, 2003

           Marilyn L. Hudson, Esq., Blevins, Hudson & Kizer, for the protester.
           Donald E. Barnhill, Esq., and Judith Ann G. Laughlin, Esq., for BMAR & Associates,
           Inc.; Stephen I. Lingenfelter, Esq., and Karl Dix, Jr., Esq., Smith, Currie & Hancock,
           for Vanguard Contractors, Inc.; Jonathan M. Bailey, Esq., for Global Engineering and
           Construction LLC; and John E. McCarthy, Esq., Daniel R. Forman, Esq., and Richard
           J. Bednar, Esq., Crowell & Moring, for Ameresco, Inc., intervenors.
           Steve Feldman, Esq., and Margaret Simmons, Esq., U.S. Army Corps of Engineers, for
           the agency.
           Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Agency evaluation of past performance is unobjectionable where protester's past
           performance record included adverse information, the agency pointed out the
           evaluated problem past performance areas during discussions and considered the
           protester's explanations, including its disagreement with aspects of the underlying
           negative information, and reasonably concluded that a moderate risk rating was
           warranted.
           DECISION

           Exelon Services Federal Group protests that it should have been selected for an
           award under request for proposals (RFP) DACA87-02-R-0003, issued by the Army
           Engineering and Support Center (CEHNC) for quick responses for facility repair,
           renovation, conversion, alteration, additions and related activity for government
           installations and facilities (FRR), including architectural, civil, cost, electrical,
           environmental, and mechanical services. The protester contends that its proposal
           was improperly downgraded under the past performance evaluation factor, and that
           Exelon would have been in line for an award if its past performance had been
           properly evaluated.


We deny the protest.

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