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B-402059.4,B-402059.5 1 (2010-03-22)

handle is hein.gao/gaobadbhb0001 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:  FN Manufacturing, LLC

          File:       B-402059.4; B-402059.5

          Date:       March 22, 2010

          Joseph J. Dyer, Esq., Martin J. Golub, Esq., Amanda B. Weiner, Esq., and Daniel P.
          Wierzba, Esq., Seyfarth Shaw LLP, for the protester.
          Michael A. Hordell, Esq., Joyce K. Hackenbrach, Esq., Stanley R. Soya, Esq., and
          Heather Kilgore Weiner, Esq., Pepper Hamilton LLP, for the intervenor.
          Vera Meza, Esq., and Caridad Ramos, Esq., U.S. Army Materiel Command, 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

          Agency's evaluation of awardee's past performance as relevant based on
          comparative complexity of awardee's past performance references was reasonable
          and consistent with the terms of the solicitation which afforded the agency the
          discretion to consider the degree to which contracts are of a comparable
          complexity, size or value to the proposed effort in determining relevance.
          DECISION

          FN Manufacturing, LLC, of Columbia, South Carolina, protests the award of a
          contract to Colt Defense LLC, of West Hartford, Connecticut, under request for
          proposals (RFP) No. W56HZV-09-R-0402, issued by the U.S. Army Materiel Command
          for the supply of M240B machine guns. FN argues that the Army did not reasonably
          evaluate Colt's past performance in accordance with the solicitation's evaluation
          criteria, the Army's technical evaluation was flawed, and its source selection
          decision was unreasonable.

          We deny the protest.

          The Army issued the RFP on April 7, 2009, contemplating the award of a 4-year
          fixed-price indefinite-delivery/indefinite-quantity (ID/IQ) contract for the supply of
          M240B machine  guns. Award was to be made to the offeror whose proposal was
          determined to represent the best value to the government considering the following
          factors: technical, past performance, small business participation, and price. The

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