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B-408443 1 (2013-09-18)

handle is hein.gao/gaobadptw0001 and id is 1 raw text is: G A Comptroller General c ity * Integrity * Rellability 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. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: HK Consulting, Inc. File: B-408443 Date: September 18, 2013 Devon E. Hewitt, Esq., Protorae Law PLLC, for the protester. W. Michael Rose, Esq., and Capt. Daniel S. Lee, Department of the Air Force, for the agency. Pedro E. Briones, Esq., Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation unduly restricts competition by providing for non- consideration of proposed subcontractor and key personnel past performance is denied where the provision is consistent with applicable Federal Acquisition Regulation provisions and is reasonably related to the agency's need. DECISION HK Consulting, Inc., (HK) of South Jordan, Utah, protests the terms of request for proposals (RFP) No. FA5215-13-R-7005, issued by the Department of the Air Force for services to support the United States Pacific Command's military exercises. Specifically, HK argues that the solicitation's past performance criteria are unreasonable and unduly restrictive of competition. We deny the protest. The RFP contemplates the award of a fixed-priced contract, to a section 8(a) small business contractor, on a best value basis considering factors of technical acceptability, price, and performance confidence assessment. RFP at 20-21, 49; amend. 3, at 2. The solicitation, which is being issued under Federal Acquisition Regulation (FAR) part 15, provides for an initial pass/fail technical acceptability evaluation, followed by evaluation of technically acceptable proposals under the price and performance confidence factors, which are approximately equal in importance. See RFP amend. 2, at 6; amend. 3, at 2-3.

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