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B-284088.2 1 (2000-06-15)

handle is hein.gao/gaocrptakzj0001 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: Oregon Iron Works, Inc. File: B-284088.2 Date: June 15, 2000 James F. Nagle, Esq., Oles Morrison Rinker & Baker, for the protester. James J. McCullough, Esq., Deneen J. Melander, Esq., and Timothy W. Staley, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Appleton Marine, Inc., an intervenor. Arthur Thibodeau, Esq., and Vicki E. O'Keefe, Esq., Department of the Navy, for the agency. Glenn G. Wolcott, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where agency advised protester of specific evaluated past performance weaknesses, and solicitation amendment stated that subsequent discussions would be limited to issues other than past performance, post-award protest that agency improperly failed to provide protester an opportunity to address agency's past performance concerns during those discussions is not timely filed. 2. Protester's complaints that its proposal should have been evaluated more favorably with regard to various non-price evaluation factors are without merit where they merely reflect protester's disagreements with the agency's evaluation. 3. Agency's consideration of past performance information regarding contract performance completed more than 3 years prior to source selection does not provide a basis to sustain the protest where the contracts were submitted by the protester as part of its proposal, in response to a solicitation requirement that offerors provide up-to-date past performance references and information. DECISION Oregon Iron Works, Inc. (01W) protests the Department of the Navy's award of a fixed-price contract to Appleton Marine, Inc. under request for proposals (RFP) No. N47408-99-R-3924, to provide ship-to-shore amphibious bulk liquid transfer (ABLT) systems. O1W protests that the agency improperly failed to discuss its concerns regarding OIW's past performance and otherwise improperly evaluated proposals.

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