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B-299058 1 (2007-02-02)

handle is hein.gao/gaocrptaucv0001 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: OK Produce; Coast Citrus Distributors File: B-299058; B-299058.2 Date: February 2, 2007 Mark A. McAndrew, Esq., and Philip J. Truax, Esq., Dinsmore & Shohl LLP, for the protesters. Christopher Kim, Esq., and Lorinda D. Franco, Esq., Lim, Ruger & Kim, LLP, and Richard B. Oliver, Esq., McKenna, Long & Aldridge LLP, for Coast Produce Company, an intervenor. Jay P. Manning, Esq., and Elliot J. Clark, Jr., Esq., Defense Commissary Agency, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protests of evaluation of proposals and source selection are denied where record shows agency's evaluation and awards were reasonable and consistent with the solicitation's terms; protesters' mere disagreement with the agency's evaluation and selection does not show they are unreasonable. 2. Protests that awardee obtained an unfair competitive advantage by hiring as a consultant a former government employee who had served as a technical evaluator for a previous procurement are denied where record shows the individual did not assist in the preparation of the solicitation and that there is no reason to believe inside information was shared with the awardee. DECISION OK Produce and Coast Citrus Distributors protest the award of two (of three) contracts to Coast Produce Company under request for proposals (RFP) No. HDECO2-06-R-0009, issued by the Defense Commissary Agency (DeCA) for fresh fruits and vegetables (produce) for resale at commissaries located in DeCA's west region. (The Area 6, Group 1 award covers 8 commissaries in California and Nevada; the Group 2 award covers 22 commissaries in California, Arizona and Nevada; and the Group 3 award, not challenged here, covers 5 commissaries in Hawaii.) OK Produce and Coast Citrus contend that the agency's evaluation of the proposals and the award decisions are unreasonable. The protesters also contend that the awardee

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