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B-417100 1 (2019-01-25)

handle is hein.gao/gaobadvlu0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been Decision approved for public release. Matter of: Federal Prison Industries, Inc. File: B-4171 00 Date: January 25, 2019 Steven Thaler, Esq., Department of Justice, for the protester. Marc Lamer, Esq., Kostos and Lamer, P.C., for Creighton AB, Inc., the intervenor. Michael D. McPeak, Esq., Defense Logistics Agency, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's consideration of past performance information occurring after the closing of the solicitation is denied where there is no legal prohibition on an agency considering relevant, recent past performance information that is known to the evaluators. DECISION Federal Prison Industries, Inc. (FPI)1, of Washington, D.C., protests the award of a contract to Creighton AB, Inc., of Reidsville, North Carolina, under request for proposals (RFP) No. SPE1 C1-1 7-R-01 11, which was issued by the Defense Logistics Agency (DLA), for shirts. FPI challenges the agency's consideration of past performance information that occurred after the RFP's closing date for proposals. We deny the protest. BACKGROUND The RFP, which was issued as a small business set-aside on January 10, 2018, and subsequently amended twice, sought proposals for the manufacture and delivery of two types of shirts. The RFP anticipated the award of an indefinite-delivery, indefinite- 1 FPI is a wholly owned government corporation within the Department of Justice, Bureau of Prisons. Protest at 4.

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