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B-408343,B-408343.3,B-408343.4,B-408343.6 1 (2013-08-23)

handle is hein.gao/gaobadpst0001 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: Maywood Closure Company, LLC File: B-408343; B-408343.3; B-408343.4; B-408343.6 Date: August 23, 2013 Steven J. Koprince, Esq., Petefish, Immel, Heeb & Hird, LLP, and Richard B. Oliver, Esq., McKenna, Long & Aldridge LLP, for the protester. Thomas L. McGovern III, Esq., Brendan M. Lill, Esq., and C. Peter Dungan, Esq., Hogan Lovells US LLP, for Cabrera Services, Inc., an intervenor. Jason Shippy, Esq.,Thomas J. Warren, Esq., and Capt. Michael P. Grogan, Department of the Army, for the agency. Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where agency erred in its rating of protester's past performance on one contract, but it is clear from the record that correction of the error would not change the overall performance confidence rating assigned, protest is denied on the grounds that protester suffered no prejudice as a result of the error. 2. Finding that a particular contract is not relevant is not a finding of deficiency or significant weakness, nor does it constitute adverse past performance information; as a consequence, agency need not inform an offeror of such a finding during discussions for the discussions to be meaningful. 3. Protest of award to firm partially owned by agency employee--employee holds a 10 percent ownership interest in awardee--is denied where neither the selection official nor the contracting officer knew of the employee's interest at the time of award, and the record shows that the agency conducted a thorough investigation, establishing that the employee in question had no role in the procurement. DECISION Maywood Closure Company, LLC, of Port Allen, Louisiana, protests the award of a contract to Cabrera Services, Inc., of East Hartford, Connecticut, under request for proposals (RFP) No. W912DQ-1 2-R-3004, issued by the Department of the Army, Corps of Engineers, for remediation services at the Maywood Superfund Site in

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