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B-407399.2 1 (2013-04-30)

handle is hein.gao/gaobadpnj0001 and id is 1 raw text is: G A O Comptroller General AccountAbiliy * Intglrty * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: American Apparel, Inc. File: B-407399.2 Date: April 30, 2013 Victor A. Kubli, Esq., Law Office of Victor A. Kubli, P.C., for the protester. Marc Lamer, Esq., Kostos and Lamer, P.C., for Bluewater Defense, the intervenor. Joseph R. Weidenburner, Esq., Defense Logistics Agency, for the agency. Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest arguing that agency failed to consider past performance information of the awardee for the period after the solicitation's closing date is denied where the solicitation called for assessment of past performance information for the period prior to the solicitation's closing date. 2. Protest challenging agency technical evaluation is denied where the technical evaluation was reasonable and consistent with the terms of the solicitation. 3. Protest challenging agency's selection of a lower-priced offer is denied where the source selection decision was consistent with the solicitation's best value award criteria. DECISION American Apparel, Inc., of Selma, Alabama, protests the award of a contract to Bluewater Defense, of San Lorenzo, Puerto Rico, by the Department of Defense, Defense Logistics Agency (DLA), under request for proposals (RFP) No. SPM1 C1 - 1 0-R-0028, for the manufacture of Army Combat Uniform (ACU) trousers. We deny the protest. BACKGROUND On January 25, 2010, the agency issued four separate RFPs for the acquisition of three types of ACU coats and trousers. One RFP was issued on an unrestricted

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