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B-296534 1 (2005-09-01)

handle is hein.gao/gaocrptaqxy0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * 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 was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n ---------------------------------------------------------------------------------------------------------------------- Matter of: National Beef Packing Company File: B-296534 Date: September 1, 2005 James H. Roberts, III, Esq., and Carrol H. Kinsey, Jr., Esq., Van Scoyoc Kelly PLLC LLP, for the protester. David F. Dowd, Esq., William L. Olsen, Esq., and Patricia H. Becker, Esq., Mayer, Brown, Rowe & Maw LLP, for Cargill Meat Solutions Corporation; and Robert H. Koehler, Esq., Patton Boggs LLP, for Washington Beef, LLC, the intervenors. Elliot J. Clark, Jr., Esq., Defense Commissary Agency, for the agency. Jonathan L. Kang, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Challenge to technical and past performance evaluation scores is denied where the agency's evaluation of proposals was reasonable and is adequately supported by the record. 2. Protest that agency waived mandatory delivery schedule for an awardee is denied where the solicitation allowed offerors to propose alternate delivery schedules. 3. Agency's exchanges with an awardee after receipt of proposals were clarifications, which resolved a minor error, and did not constitute discussions. DECISION National Beef Packing Company (National) protests the award of contracts to Cargill Meat Solutions Corporation (Cargill) and Washington Beef, LLC (Washington) under request for proposals (RFP) No. HDEC02-05-R-0001, issued by the Defense Commissary Agency (DECA) for provision of beef products. The protester argues that the agency improperly evaluated offerors' technical proposals and past performance, failed to adequately document the evaluations, improperly waived a delivery schedule requirement for Washington, held improper discussions with Washington, and conducted an improper cost/technical trade-off in making the source selection.

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