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B-295375 1 (2005-02-10)

handle is hein.gao/gaocrptaqtt0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * 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. Decision Matter of: FR Countermeasures, Inc. File: B-295375 Date: February 10, 2005 Ronald Henry, Esq., and Julie Klusas Gasper, Esq., Kaye Scholer LLP, for the protester. Lee P. Curtis, Esq., Eric A. Aaserud, Esq., and Richard W. Oehler, Esq., Perkins Coie LLP, for Esterline Armtec Countermeasures Co., and Michael B. Hubbard, Esq., Joseph J. Dyer, Esq., Z. Taylor Shultz, Esq., and Kevin P. Connelly, Esq., Seyfarth Shaw LLP, for Kilgore Flares Co., Inc., intervenors. Capt. Victor G. Vogel and Bradley J. Crosson, Esq., Department of the Army, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably assigned protester a neutral past performance rating of unknown under evaluation subfactor relating to on-time delivery because the agency failed to consider protester's delivery record between the closing date for receipt of proposals and the time of award is denied since, while the solicitation reserved to the government the right to consider an offeror's past performance information after the proposal closing date through the time of award, there was no requirement that the agency consider that information. DECISION FR Countermeasures, Inc. (FRC) protests the awards to Esterline Armtec Countermeasures Co. (Armtec) and Kilgore Flares Co., Inc. under request for proposals (RFP) W52PIJ-04-R-0078, issued by the Department of the Army, for M206 aircraft countermeasure flares and MJU7 infrared countermeasure flares. In challenging the awards, the protester argues that the agency improperly evaluated proposals. We deny the protest in part and dismiss it in part. The agency issued the solicitation on June 17, 2004 to procure 1,084,000 M206 aircraft countermeasure flares and 557,760 MJU7 infrared countermeasure flares.

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