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B-400697,B-400697.2,B-400697.3 1 (2009-01-12)

handle is hein.gao/gaobadask0001 and id is 1 raw text is: G A 0 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: Marinette Marine Corporation File: B-400697; B-400697.2; B-400697.3 Date: January 12, 2009 David P. Metzger, Esq., Kristen E. Ittig, Esq., Caitlin K. Cloonan, Esq., Chad E. Miller, Esq., and Meredith R. George, Esq., Arnold & Porter, for the protester. Jason A. Carey, Esq., Marques 0. Peterson, Esq., Justin M. Ganderson, Esq., Jennifer M. Morrison, Esq., and Frederic M. Levy, Esq., McKenna Long & Aldridge, and Marcus B. Slater, Esq., and Jennifer J. Zeien, Esq., Slater & Zeien, for Bollinger Shipyards Lockport, L.L.C., the intervenor. B.J. Braun Esq., and Wilbert Jones, Esq., Department of Homeland Security, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's proposal submitted in response to a solicitation issued by the Coast Guard for Fast Response Cutters, B-Class (FRC-B) was reasonably evaluated under an evaluation subfactor as unsatisfactory, and subsequently determined to be ineligible for award, where the unsatisfactory rating was due to the proposed FRC-B, as set forth in the proposal, failing to meet a material solicitation requirement regarding the stability of the vessel. 2. Awardee's proposal submitted in response to a solicitation issued by the Coast Guard for Fast Response Cutters, B-Class (FRC-B) was reasonably evaluated under an evaluation subfactor as satisfactory where certain evaluated weaknesses concerning the structure of the vessel were reasonably found by the agency not to materially affect the compliance of the proposal with the solicitation's requirements. 3. Agency reasonably evaluated the awardee's past performance as marginal with low risk, notwithstanding the awardee's unsatisfactory performance on a relevant contract, where the awardee's past performance on contracts that were reasonably found to be more relevant was excellent or very good, and the agency reasonably accounted for the contract with the unsatisfactory past performance in the evaluation and award selection.

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