[Protest of DRMS Contract Award for Hazardous Item Removal]

B-254757: Jan 11, 1994

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A firm protested a Defense Reutilization and Marketing Service (DRMS) contract award for the removal and disposal of hazardous items, contending that: (1) DRMS unreasonably evaluated its bid concerning its past performance; (2) DRMS improperly made award to the high bidder; and (3) the awardee could not comply with the applicable subcontracting limitations. GAO held that: (1) DRMS reasonably evaluated the protester's past performance and determined that its previous work was not related to the current solicitation; (2) DRMS properly made award to the technically acceptable bidder in accordance with the solicitation's evaluation criteria; (3) DRMS reasonably determined that the awardee's superior past performance history warranted its high price; and (4) it would not review the awardee's potential noncompliance with the subcontracting limitations, since it was a matter of bidder responsibility and contract administration and there was no evidence of that DRMS failed to comply with definitive responsibility criteria. Accordingly, the protest was denied.

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