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B-297849 1 (2006-04-19)

handle is hein.gao/gaocrptasnx0001 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. Decision Matter of: TVI Corporation File: B-297849 Date: April 19, 2006 Paul F. Khoury, Esq., and Michael S. Caldwell, Esq., Wiley Rein & Fielding LLP, for the protester. Richard P. Rector, Esq., and Eric M. O'Neill, Esq., DLA Piper Rudnick Gray Cary US LLP, for 3M Canada Company, an intervenor. Jeffery I. Kessler, Esq., and Caridad Ramos, Esq., U.S. Army Materiel Command, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's evaluation of protester's proposal as moderate risk--rather than as an unknown risk--under past performance factor was unreasonable, where protester tendered a large amount of past performance information, almost all of which the agency determined to be either not recent or not relevant; solicitation required agency to assign an unknown risk rating where offeror tendered little or no recent, relevant past performance information. 2. Agency improperly rated awardee's proposal neutral--instead of downgrading it-- under small business participation factor, where record shows that awardee did not meet criteria established in solicitation for assignment of neutral rating, and did not offer meaningful small business participation plan. DECISION TVI Corporation protests the award of a contract to 3M Canada Company under request for proposals (RFP) No. W52H09-05-R-0142, issued by the Department of the Army, Tank, Automotive and Armaments Command, to acquire a quantity of C2A1 filtration canisters. TVI asserts that the agency misevaluated the proposals. We sustain the protest. The C2A1 filtration canister is a critical life safety component used in various models of nuclear, biological and chemical protective masks. The RFP contemplated the

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