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B-410263 1 (2014-11-26)

handle is hein.gao/gaobadqti0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: FitNet Purchasing Alliance File: B-410263 Date: November 26, 2014 Raul Espinosa, FitNet Purchasing Alliance, for the protester. James L. Weiner, Esq., and Paul Batlan, Esq., Department of the Interior; and John W. Klein, Esq., and Laura Mann Eyester, Esq., Small Business Administration, for the agencies. Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where the agency found the protester, a small business, to be nonresponsible based solely on what amounted to a pass/fail evaluation of the protester's past performance, without referring the matter to the Small Business Administration under the agency's Certificate of Competency procedures. 2. Protest is sustained where the agency's past performance evaluation was unreasonable and constituted disparate treatment. DECISION FitNet Purchasing Alliance,' of St. Augustine, Florida, a small business, protests the placement of an order with Nationwide Supplies, of Garland, Texas, by the Department of the Interior (DOI), Bureau of Indian Affairs, under FedBid solicitation No. 612697-01, for gym floor racks, covers, and accessories. FitNet argues that the agency's past performance evaluation constituted a nonresponsibility determination, which the agency was required to refer to the Small Business Administration (SBA) under its Certificate of Competency procedures. The protester also challenges the agency's substantive analysis of FitNet's past performance. 1 FitNet's protest and bid were submitted on behalf of FitNet International Corporation, doing business as FitNet Purchasing Alliance. Protest at 1.

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