M&W Construction Corporation

A firm protested a Defense Logistics Agency (DLA) contract award for the repair of a rack system, contending that: (1) the awardee had an organizational conflict of interest inasmuch as the awardee was assertedly involved in the drafting of the scope of work for this solicitation, and (2) DLA's technical and past performance evaluations were unreasonable. GAO held that: (1) DLA, not the awardee, drafted the statement of work used in the protested procurement; (2) DLA reasonably found the awardee's technical proposal to be technically superior to the protester's proposal; and (3) the awardee was reasonably considered to have past performance superior to the protester's. Accordingly, the protest was denied.