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B-283512 1 (1999-12-03)

handle is hein.gao/gaocrptajmr0001 and id is 1 raw text is: -e GeAtOa E Comptroller General 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: Beneco Enterprises, Inc. File: B-283512 Date: December 3, 1999 Clark B. Fetzer, Esq., Kirton & McConkie, for the protester. M. Dale Marsh, Esq., Cassady, Fuller & Marsh, for Hammer LGC, Inc., the intervenor. Col. Nicholas P. Retson and Capt. Elizabeth G. Eberhart, Department of the Army, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency unreasonably evaluated proposals under past performance evaluation factor where the solicitation contemplated a qualitative assessment of the quality of performance of contracts relative to the size and complexity of the job order contract (JOC) for construction services being procured, and the agency gave the highest possible rating to an offeror with no JOC prime contractor experience and whose experience was in performing relatively small dollar construction contracts, and a lower rating to an offeror with extensive, successful performance of JOCs similar to JOC under consideration. DECISION Beneco Enterprises, Inc. protests the award of a contract to Hammer LGC, Inc. under request for proposals (RFP) No. DABTO1-99-R-0002, issued by the Department of the Army for construction, repair and maintenance of real property at Fort Rucker, Alabama. We sustain the protest. The RFP, issued March 10, 1999, contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity j o b order contract (JOC) for the construction services for 1 year with 4 option years. RFP at B-3 to B-6 and amend. 0002, at C-1. Under the JOC, task orders may be issued in any amount from $2,000 to $300,000; larger orders to a maximum of $2 million may be issued, with specific approval, for emergency situations. RFP amend. 0002, at C-2. The guaranteed minimum contract

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