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B-288655 1 (2001-10-19)

handle is hein.gao/gaocrptamsl0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
             SIntegrity Reliability                                     of the United States
 ~ccountabthty Inert Rea iy
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: Goode Construction, Inc.

          File:        B-288655; B-288655.2; B-288655.3

          Date:        October 19, 2001

          Robert E. Korroch, Esq., Williams Mullen Clark & Dobbins, for the protester.
          Keith A. Moore-Erikson, Esq., United States Coast Guard, for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest that agency improperly converted technical evaluation process into
          responsibility determination is denied where record shows that award was based on
          a comparative evaluation of the relevant past performance of awardee and protester.

          2. Protest that agency improperly failed to adjust protester's proposal evaluation
          score upward following discussions is denied where record shows that protester did
          not adequately respond to agency's request for additional information during
          discussions, and that increased score therefore was not warranted.
          DECISION

          Goode Construction, Inc. protests the award of a contract to Wren, Incorporated,
          under request for proposals (RFP) No. DTCG47-01-R-3EFK15, issued by the United
          States Coast Guard for replacement of the central steam plant with natural gas
          facilities at the Coast Guard Training Center in Cape May, New Jersey. Goode
          complains that the Coast Guard rejected the firm, a small business, as
          nonresponsible, and improperly failed to refer that determination to the Small
          Business Administration (SBA). Goode also challenges the past performance
          evaluation.

          We deny the protest.

          The RFP, issued as a HUB-Zone set-aside, required the successful contractor to
          decentralize the steam plant. The work involves 24 buildings and will take place
          while training for new recruits and operations at the center are ongoing. Contracting
          Officer's Statement (COS) at 1. The solicitation provided for a best value
          evaluation based on past performance and price, which were weighted equally. With

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