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B-281285 1 (1999-01-21)

handle is hein.gao/gaocrptajga0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Browning Ferris Industries of Hawaii, Inc. File: B-281285 Date: January 21, 1999 Kenneth D. Brody, Esq., McMahon, David & Brody, for the protester. Vernon F.L. Char, Esq., Char, Sakamoto, Ishii, Lum & Ching, for Honolulu Disposal Services, Inc., an intervenor. Richard G. Welsh, Esq., and Jan E. Takamine, Esq., Naval Facilities Engineering Command, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that contracting agency's evaluation of awardee's proposal was flawed and otherwise improper is denied where the evaluation was reasonable and consistent with the solicitation's stated evaluation factors. Agency was not required to conduct a more extensive investigation of the awardee's past performance as a result of False Claims Act litigation involving the awardee, where the litigation had been resolved through a settlement agreement. 2. Evaluation of protester's proposal was reasonable where it was performed in accordance with stated evaluation factors and reflected valid criticisms of protester's past performance and proposed subcontracting commitments. 3. Agency reasonably may evaluate an offer as posing a higher past performance risk where the offeror's performance history as stated in its proposal is less relevant to the solicited requirements than that of offerors rated as having a low performance risk. DECISION Browning Ferris Industries of Hawaii, Inc. (BFI) protests the award of a contract to Honolulu Disposal Services, Inc. (HDS) under request for proposals (RFP) No. N62755-98-R-7014, issued by the Department of the Navy, to obtain refuse collection services at various military installations on Oahu, Hawaii. BFI contends that the agency's past performance and small business evaluations were flawed and that, as a consequence, the agency failed to award the contract on the basis of the best value to the government, as required by the RFP.

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