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B-287164 1 (2001-04-26)

handle is hein.gao/gaocrptamox0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting 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. Decision Matter of: MCR Engineering Company, Inc. File: B-287164; B-287164.2 Date: April 26, 2001 Daniel J. Kelly, Esq., and Lisa K. Miller, Esq., Gadsby Hannah, for the protester. Katherine S. Nucci, Esq., and Timothy Sullivan, Esq., Adduci, Mastriani & Schaumberg, for Rolls Royce Naval Marine, Inc., an intervenor. Vera Meza, Esq., and Arthur M. Boley, Esq., Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's challenge to the evaluation of past performance and experience in a competition where several of the awardee's former key employees are now employed by the protester and where those personnel, at least in part, may have had a role in the awardee's favorable past performance, is denied where the record shows that the agency reasonably: (1) credited the protester for the favorable past performance of its key employees (achieved while they were employed by the awardee), but nonetheless recognized that the protester, as a company, has not previously manufactured this item, and does not have production employees with this experience; and (2) considered downgrading the awardee's excellent past performance rating due to the loss of its key personnel, but left the rating intact based on a recognition that the company has continued to successfully perform despite the loss of its former key employees, and is doing so with production employees and a facility that has performed well in the past. DECISION MCR Engineering Company, Inc. protests the award of a contract to Bird-Johnson Company by the Department of the Army, pursuant to request for proposals (RFP) No. DAAE07-00-R-T110, for corner and intermediate hydraulic actuators for the

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