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B-310566.4 1 (2008-10-30)

handle is hein.gao/gaobadaqf0001 and id is 1 raw text is: G A 0 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: Triple Canopy, Inc. File: B-310566.4 Date: October 30, 2008 Kelley P. Doran, Esq., G. Matthew Koehl, Esq., Sean P. Bamford, Esq., Victor G. Vogel, Esq., and Michael F. Scanlon, Esq., K&L Gates LLP, for the protester. Timothy B. Mills, Esq., Maggs & McDermott LLC, for Sabre International Security, an intervenor. Maj. William J. Nelson, Department of the Army, for the agency. Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Pursuant to the National Defense Authorization Act of 2008, which authorizes protests of task orders valued in excess of $10 million, this Office's consideration of such protests will include an assessment of whether a procuring agency's source selection decision was reasonably consistent with the terms of the underlying solicitation and applicable procurement laws and regulations. 2. Where, prior to the submission of proposals, the agency expressly advised offerors that it would not require contractors to obtain facilities security clearances to perform task order requirements, protest that awardee was ineligible for task order award on the basis that it does not hold a facilities clearance is essentially an untimely challenge to the terms of the solicitation. 3. Protest that agency failed to reasonably evaluate the past performance of protester and awardee is denied where agency's past performance evaluation record is consistent with solicitation's definition of relevant past performance, contains adequate contemporaneous documentation supporting the agency's assessments, and the opinions of protester's personnel regarding the awardee's prior performance provide no credible basis to question the reasonableness of the agency's assessments.

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