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B-299344 1 (2007-04-04)

handle is hein.gao/gaocrptauee0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: J. Womack Enterprises, Inc. File: B-299344 Date: April 4, 2007 Robert E. Bergman, Esq., for the protester. Maj. Kevin J. Wilkinson and Capt. David M. Creed, Department of the Air Force, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly considered adverse past performance information in evaluating the protester's proposal is denied where the agency's evaluation was based on a reasonable perception of the protester's inadequate prior performance. DECISION J. Womack Enterprises, Inc. protests the award of contracts to RCA Contracting, Inc. and MAPCO, Inc. by the Department of the Air Force under request for proposals (RFP) No. FA8501-05-R-0008 for mechanical/electrical type construction projects at Robins Air Force Base (AFB), Georgia. Womack argues that the Air Force improperly evaluated its past performance, that the agency acted with bad faith due to race and gender bias, that the Air Force's evaluation of its past performance was tantamount to a determination of nonresponsibility, and that the award decision was improper. We deny the protest.1 1 The GAO attorney handling the case conducted an outcome prediction alternative dispute resolution (ADR) conference with the parties, advising them that the protest was likely to be denied for the reasons set forth in this decision. The protester informed our Office that it did not intend to withdraw its protest based on this ADR session, but would rather obtain a written decision on the merits of its case.

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