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B-413520.5,B-413520.7,B-413520.8,B-413520.10,B-413520.11 1 (2017-02-27)

handle is hein.gao/gaobadter0001 and id is 1 raw text is: G A O Comptroller General LAccountability * 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 wassubjectto a GAO Protective Order. This redacted version has been approved for public release. Decision---------------- Matter of: Mountaineers Fire Crew, Inc.; ASP Fire, LLC; Diamond Road Maintenance Inc. (d/b/a Diamond Fire) File: B-413520.5; B-413520.7; B-413520.8; B-413520.10; B-413520.11 Date: February 27, 2017 Cyrus E. Phillips IV, Esq., Albo & Oblon, L.L.P., for Mountaineers Fire Crew, Inc.; Donald Scaramastra, Esq., Garvey Schubert Barer, for ASP Fire; and Christian B. Nagel, Esq., Ronald L. Fouse, Esq., and James J. Holt, Esq., McGuireWoods LLP, for Diamond Fire, the protesters. Robert K. Stewart, Jr., Esq., and Derek D. Green, Esq., Davis Wright Tremaine LLP, for Firestorm Wildland Fire Suppression, Inc., and Grayback Forestry, Inc., the intervenors. Azine Farzami, Esq., and Antonio T. Robinson, Esq., Department of Agriculture, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the evaluation of an awardee's past performance with regard to a solicitation provision requiring disclosure of prior non-compliance actions is denied where the protester does not demonstrate that the awardee failed to disclose any non-compliance actions taken against it. 2. Protest alleging that an awardee will not comply with the limitation of subcontracting clause is denied where the awardee's proposal did not, on its face, take exception to the clause. 3. Protest alleging that the agency made award on a lowest-priced, technically- acceptable basis, rather than on the best-value basis set forth in the solicitation, is denied where the record shows that the agency considered the relative merits of the protester's and awardee's proposed technical approaches and prices. 4. Protest challenging the agency's affirmative determination of responsibility for an awardee is dismissed where the protester does not raise any allegations that are within the narrow exceptions for GAO's consideration of this issue.

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