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B-406696 1 (2012-07-24)

handle is hein.gao/gaobadpeo0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Colt Defense, LLC File: B-406696 Date: July 24, 2012 Michael A. Hordell, Esq., Stanley R. Soya, Esq., Michael R. Golden, Esq., Heather Kilgore Weiner, Esq., and Samuel Jack, Esq., Pepper Hamilton LLP, for the protester. Holly Emrick Svetz, Esq., James K. Kearney, Esq., and Steven W. Cave, Esq., Womble Carlyle Sandridge & Rice, LLP, for Remington Arms Company, LLC, the intervenor. Wade L. Brown, Esq., Kandis C. Gaines, Esq., Department of the Army, for the agency. Nora K. Adkins, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the evaluation of offerors' prices is sustained where the agency failed to follow the solicitation criteria with regard to the application of a 5-percent royalty adjustment to the offerors' total evaluated prices. 2. Protest challenging the evaluation of the awardee's past performance is denied where the source selection authority's decision to change the lower-level source selection evaluation board's initial rating from neutral to satisfactory was reasonable. 3. Protest challenging the evaluation of the awardee's production capability is denied where the solicitation did not require the agency to assess a higher risk rating for proposals that did not have existing facilities and equipment. DECISION Colt Defense, LLC, of West Hartford, Connecticut, protests the award of a contract to Remington Arms Company, LLC, of Ilion, New York, under request for proposals No. W56HZV-1 0-R-0593 issued by the Department of the Army for standard M4 carbines and standard M4A1 carbines.

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