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B-402536.2 1 (2010-06-02)

handle is hein.gao/gaobadbis0001 and id is 1 raw text is: li AL A , G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Truetech, Inc. File: B-402536.2 Date: June 2, 2010 Victor Kubli, Esq., Kubli & Associates, PC, for the protester. Sean P. Bamford, Esq., K&L Gates, LLP, for the intervenor. Vera Meza, Esq., and Russell Bottom, Esq., Department of the Army, Army Materiel Command, for the agency. Cherie J. Owen, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of an agency's evaluation of the awardee's past performance is denied where the agency also determined, contemporaneous with its award decision, that the protester's proposal would not be selected for award even if the awardee's proposal received a neutral past performance rating, and where there is no basis in the record to conclude that the agency's judgment is unreasonable or not in accord with the solicitation requirements. DECISION Truetech, Inc., of Riverhead, New York, protests the award of a contract to NanoScale Materials, Inc., of Manhattan, Kansas, by the Department of the Army, Army Materiel Command under request for proposals (RFP) No. W52HO9-09-R-0239 for M295 decontamination kits. Truetech contends that the Army improperly evaluated the awardee's past performance, resulting in an unreasonable award decision. We deny the protest. BACKGROUND The Army issued the RFP on July 16, 2009 as a total small business set-aside. The RFP sought M295 decontamination kits, which consist of four pocket-sized packets, each containing an individual wipe-down mitt, comprised of A200-SiC-1005S decontaminant sorbent powder (A200) with a pad and backing material. When in use, the mitt is designed to allow decontaminant powder to flow through the pad to

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