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B-291432 1 (2002-12-09)

handle is hein.gao/gaocrptaojd0001 and id is 1 raw text is: 




         G     A    0                                                Comptroller General
Accountability * Integrity* Reliability                               of the United States
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: JGB Enterprises, Inc.

          File:       B-291432

          Date:       December 9, 2002

          Nancy M. Camardo, Esq., and Joseph A. Camardo, Jr., Esq., for the protester.
          Robert F. Nelson for Angus Fire Armour Corp., the intervenor.
          Mary E. Carney, Esq., Department of Justice, for the agency.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly evaluated the protester's past performance is denied
          where the agency has provided a reasonable explanation for its evaluation and the
          protester has failed to rebut it.
          DECISION

          JGB Enterprises, Inc. protests the issuance of a purchase order by UNICOR (Federal
          Prison Industries) to Angus Fire Armour Corp. (AFAC) under request for quotations
          (RFQ) No. VC0038-02, for two commercial items, nonmetallic hose assemblies and
          clamp pipe couplings. JGB protests the evaluation of its past performance.

          We deny the protest.

          The RFQ contemplated the award of a 3-year fixed-price indefinite-delivery/
          indefinite-quantity contract. The RFQ specified that the technical and price factors,
          when combined, were equal in importance to past performance. Selection was to be
          based on identification of the responsible vendor whose quotation, conforming to
          the RFQ, was most advantageous to the Government. RFP § M.l(a).

          The RFQ required that each vendor identify at least three contracts performed in the
          last 3 to 5 years similar in scope to this RFQ requirement. Vendors were required to
          provide a reference for each contract listed.

          The agency received quotations from JGB and AFAC by the due date. The
          contracting officer contacted three references for each vendor. The contracting

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