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B-298761 1 (2006-12-01)

handle is hein.gao/gaocrptasrx0001 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: BST Systems, Inc.

          File:        B-298761; B-298761.2

          Date:        December 1, 2006

          Brian A. Darst, Esq., for the protester.
          Jonathan D. Shaffer, Esq., Smith Pachter McWhorter, for Yardney Technical
          Products, the intervenor.
          Emilia Muche Thompson, Esq., Department of the Navy, for the agency.
          David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest challenging evaluation of protester's past performance in procurement for
          battery cells is denied where record establishes that evaluation was reasonable and
          in accord with stated evaluation criteria; reports of electrolyte leaking from
          protester's battery cells furnished under prior contracts for the cells being procured
          warranted assigning protester less favorable rating than awardee, for which there
          were no reports of leakage.
          DECISION

          BST Systems, Inc. protests the award of a contract to Yardney Technical Products
          under Naval Undersea Warfare Center, Division Newport, Request for Proposals
          (RFP) No. N66604-06-R-0016, for silver-zinc battery cells for the MK30 Mod 1
          Anti-Submarine Warfare (ASW) target. BST challenges the evaluation of past
          performance.

          We deny the protest.

          The solicitation contemplated the award of a fixed-price contract to furnish a basic
          quantity of 4,600 to 4,800 silver-zinc battery cells to be shipped dry and electrolyte fill
          kits to activate the batteries, with 12 options for various quantities (with a maximum
          of 8,000 production cells and fill kits per year) over 4 years. The MK30 Mod I target
          is a torpedo-shaped vehicle, 20 feet long and weighing 2,700 pounds, which simulates
          a threat from a submarine in acoustic and magnetic characteristics and dynamic
          manuevers. Energy for the propulsion and payload systems of the target is furnished
          by 168 individual silver-zinc battery cells arranged in eight trays and installed in the

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