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B-409676.2,B-409676.3 1 (2014-10-20)

handle is hein.gao/gaobadqrc0001 and id is 1 raw text is: 




          G     A    O                                                  Comptroller General
r       Accountablity * 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. This redacted version has
                                                     been approved for public release.
           D e c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Fox RPM Corporation

           File:       B-409676.2; B-409676.3

           Date:       October 20, 2014

           Kevin P. Joyce, Esq., Mitchell A. Bashur, Esq., Eric S. Crusius, Esq., and James S.
           Phillips, Esq., Fed Nexus Law, for the protester.
           P. Russell Wong, Esq., Department of Health and Human Services, for the agency.
           Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
           participated in the preparation of the decision.
           DIGEST

           Protest alleging that agency's evaluation of awardee's past performance was
           unreasonable is denied where the record shows that the evaluation was
           reasonable, permissible under the terms of the solicitation, and supported by the
           record.
           DECISION

           Fox RPM Corp., of Washington, D.C., protests the establishment of a blanket
           purchase agreement (BPA) between Gilbane Building Company, of Providence,
           Rhode Island, and the Department of Health and Human Services, Food and Drug
           Administration (FDA) under request for quotations (RFQ) No. FDA SOL 1112906 for
           services in support of the agency's White Oak consolidation program. Fox argues
           that the FDA improperly rated Gilbane's past performance as acceptable, in
           contravention of the stated evaluation criteria.

           We deny the protest.

           BACKGROUND

           The RFQ was issued on August 10, 2013, and sent to six vendors holding General
           Services Administration Federal Supply Schedule (FSS) No. 7 contracts that the
           agency identified through market research as having the capability to satisfy the
           government's requirements. Agency Report (AR), exh. 2, Contracting Officer's
           Statement, at 1-2. The RFQ contemplated establishment of BPAs with no more

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