[Protest of Marine Corps Solicitation for Mess Hall Services]

B-260595,B-260595.2: Jun 27, 1995

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A firm protested a Marine Corps solicitation for mess halls services, contending that: (1) the solicitation's deduction schedule for defective performance constituted a penalty; (2) the Marine Corps arbitrarily established acceptable contract performance levels and inadequately defined defective performance; and (3) there was insufficient information regarding agency inspections of contractor performance. GAO held that the: (1) protester failed to demonstrate that there was no relationship between the payment/deduction schedule and the contemplated losses from defective performance; (2) solicitation's acceptable performance levels were not arbitrary; (3) solicitation adequately defined defective performance in accordance with the work descriptions; and (4) solicitation provided reasonable details contractor performance inspections. Accordingly, the protest was denied.

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