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B-400437 1 (2008-11-13)

handle is hein.gao/gaobadaqw0001 and id is 1 raw text is: im G A 0Comptroller General L MA 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 version has been approved for public release. Decision Matter of: Triple Canopy, Inc. File: B-400437 Date: November 13, 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. 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. 2. 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. DECISION Triple Canopy, Inc. of Herndon, Virginia, protests the award of a task order by the Department of the Army, Joint Contracting Command -- Iraq/Afghanistan, to Sabre International Security of Baghdad, Iraq, for security services at forward operating

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