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B-421982.3,B-421982.5 Oct 30, 2024 1 (2024-10-30)

handle is hein.gao/gaorcb0001 and id is 1 raw text is: 



                    U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States

                                             DOCUMENT   FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Maersk Logistics and Services USA, Inc.

File:     B-421982.3; B-421982.5

Date:     October 30,   2024

Daniel P. Graham, Esq., Tara L. Ward, Esq., Elizabeth G. Hummel, Esq., and Peter M.
Routh, Esq., McDermott Will & Emery LLP, for the protester.
James  Y. Boland, Esq., Christopher G. Griesedieck, Jr., Esq., Lindsay M. Reed, Esq.,
and Kelly M. Boppe, Esq., Venable LLP, and Kara M. Sacilotto, Esq., Brian G. Walsh,
Esq., Gary S. Ward, Esq., and Cara L. Sizemore, Esq., Wiley Rein LLP, for Crowley
Government  Services, Inc., the intervenor.
Colonel Nina R. Padalino, Siobhan K. Donahue, Esq., Nicholas T. Iliff, Esq., Kurt M.
Vanbennekom,   Esq., Todd P. Federici, Esq., and Robert J. Depke, Esq., Department of
Defense, for the agency.
Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest arguing the agency performed an unreasonable price reasonableness
evaluation is denied where the price reasonableness evaluation was consistent with the
solicitation and applicable procurement law and regulations.

2. Where  the agency did not consider the protester's price unreasonable, agency had
no obligation to advise the protester its price was high in comparison to competitors'
prices.

3. Protest asserting the agency's past performance evaluation was unreasonable
because  the agency ignored adverse close at hand information is denied where the
record demonstrates that the contracting officer considered the potentially adverse
information about the awardee's performance of the incumbent contract and determined
the information was insufficient to override the agency's high expectation of the
awardee's successful performance.

4. Protest asserting that the agency failed to provide historical data necessary for
offerors to compete intelligently and equally is dismissed as untimely when filed after
award.

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