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B-290846.3 1 (2002-12-23)

handle is hein.gao/gaocrptaohk0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
Accountability * Integrity* Reliability                                 of the United States
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: Martin Electronics, Inc.

          File:        B-290846.3; B-290846.4

          Date:        December 23, 2002

          James J. McCullough, Esq., Louis D. Victorino, Esq., and Steven A. Alerding, Esq.,
          Fried, Frank, Harris, Shriver & Jacobson, for the protester.
          Jeffrey I. Kessler, Esq., Vera Meza, Esq., and Bradley J. Crosson, Esq., Department of
          the Army, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest is sustained where agency conducted exchanges with offerors in a manner
          that favored one over the other and where, in evaluating awardee's past
          performance, agency failed to include consideration of negative past performance
          information that occurred within the period defined by the solicitation as recent
          contract performance.
          DECISION

          Martin Electronics, Inc. (MEI) protests the Department of the Army's award of a
          contract to Pyrotechnic Specialties, Inc. (PSI) under request for proposals (RFP)
          No. DAAA09-01-R-0162 to provide M49A1 surface trip flares.' MEI protests, among
          other things, that the agency failed to properly evaluate the offerors' past
          performance information and failed to conduct meaningful discussions.

          We sustain the protest.






          1 The agency describes the M49A1 flare as a booby-trap type of surface flare used to
          illuminate infiltrating enemy troops. Agency Report, Contracting Officer's
          Statement at 1.

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