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B-296136.2 1 (2005-06-20)

handle is hein.gao/gaobaczcy0001 and id is 1 raw text is: I G A 0Comptroller General L MA Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Advanced Environmental Solutions, Inc.--Costs File: B-296136.2 Date: June 20, 2005 William E. Hughes, III, Esq., Whyte Hirschboeck Dudek S.C., for the protester. Michael J. O'Farrell, Jr., Esq., and Major Rebecca R. Vernon, Department of the Air Force, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO will not recommend reimbursement of the costs of protest challenging contract award based on improper evaluation of past performance, where protest was rendered academic by agency's decision to terminate the contract and make a new award decision in response to Small Business Administration's decision that awardee was not eligible for award. DECISION Advanced Environmental Solutions, Inc. (AES) requests that our Office recommend that the agency reimburse AES's reasonable costs of filing and pursuing its protest of a contract under solicitation No. FA8101-05-R-0003, awarded to Eason Enterprises OKC LLC by the Department of the Air Force to transport and dispose of hazardous waste. We deny the request. The RFP, which was set aside for service-disabled, veteran-owned small business concerns, provided for a best value award, considering price/cost, past performance, and mission capability factors. The solicitation specified that the agency's source selection decision would be based on a past performance/price tradeoff of those offers that were determined to be technically acceptable. The Air Force awarded the contract to Eason, and AES protested on March 28, 2005, raising challenges to Eason's technical acceptability and the agency's past performance and price evaluation. Our Office dismissed all but the past