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B-404952,B-404952.2 1 (2011-07-08)

handle is hein.gao/gaobadbwg0001 and id is 1 raw text is: 



     JG         A   O                                                    Comptroller General
        Accountability * Integrity * Reliability                          of the United States
United States Government Accountability Office  DOCUMENT FOR PUBLIC REEASE
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:  Explo Systems, Inc.

           File:       B-404952;  B-404952.2

           Date:       July 8, 2011

           Marshall J. Doke, Esq., Gardere Wynne Sewell LLP, for the protester.
           Kevin C. Dwyer, Esq., and Hillary B. Levun, Esq., Jenner & Block LLP, for General
           Dynamics Ordnance  and Tactical Systems, Inc., an intervenor.
           Debra J. Talley, Esq., and Bradley J. Crosson, Esq., Department of the Army, and
           John W. Klein, Esq., and Sam Q. Le, Esq., Small Business Administration, for the
           agencies.
           Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. In a procurement that required a best value tradeoff, agency was required to
           apply Historically Underutilized Business Zone (HUBZone) price evaluation
           preference in evaluating proposals, even though HUBZone proposal was lower in
           price than the large business proposal, where the plain language of the solicitation,
           which incorporated Federal Acquisition Regulation clause 52.219-4, required that the
           price evaluation preference be applied.

           2. Protest that agency misevaluated awardee's proposal under two technical
           subfactors and the past performance factor is denied, where the evaluation is
           consistent with the criteria stated in the solicitation.
           DECISION

           Explo Systems, Inc., a HUBZonel small business contractor, of Minden, Louisiana,
           protests the award of a contract to General Dynamics Ordnance and Tactical
           Systems, Inc., (GD-OTS), a large business in St. Petersburg, Florida, under request
           for proposals (RFP) No. W52P1 J-1 0-R-0060, issued by the Department of the Army
           for the demilitarization and disposal of eight families of conventional ammunition.


1 HUBZone  refers to historically underutilized business zone.

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