January 5, 2004

GAO Rules Agency’s Evaluation of Subcontractor Conformed to Procurement Rules

Decision of the Comptroller General of the United States

This protest involved a solicitation for a paint booth facility at Lajes Field, Azores, Portugal. Award was to be made to the firm offering the best value to the agency in terms of technical capability (rated on a pass/fail basis), and a tradeoff between past/present performance and price (where performance and price were of equal importance). For performance evaluation, offerors were to provide information about their relevant experience within the past five years. Four proposals were submitted. Paintworks’ proposal, at $506,338, was rated as very good for past/present performance. MMF’s proposal, at $394,951.03 was also rated very good. MMF was awarded the contract. Paintworks protested the award, arguing that MMF has no experience installing paint booths, and thus does not warrant a “very good” performance rating.

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