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B-402634 1 (2010-06-08)

handle is hein.gao/gaobadbiw0001 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:   Highland Engineering, Inc.

          File:       B-402634

          Date:       June 8, 2010

          David T. Ralston, Esq., and Frank S. Murray, Esq., Foley & Lardner LLP, for the
          protester.
          Capt. Sean T. Nguyen, Esq., and Robert E. Vollmar II, Esq., Department of the Army,
          for the agency.
          Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Assertion that agency's price evaluation failed to account for awardee's use of
          government-owned  property in performing contract is denied where awardee
          certified in its proposal that it did not plan to use government-owned property and
          protester provided no evidence that awardee had such property in its possession.

          2. Protest that agency failed to consider negative information regarding awardee's
          past performance is denied where solicitation specifically provided for evaluation of
          experience, but not past performance.

          3. Protest that best value analysis was erroneous based on agency's failure to
          consider fact that protester's proposal was rated higher than awardee's under one
          subfactor is denied where record shows source selection official determined that
          proposals were essentially equal despite protester's higher subfactor rating.
          DECISION

          Highland Engineering, Inc. (HEI), of Howell, Michigan, protests the award of a
          contract to Mechanical Equipment Company, Inc. (MECO), of Covington, Louisiana,
          under request for proposals (RFP) No. W56HZV-09-R-0012, issued by the Department
          of the Army for lightweight water purifiers. HEI principally challenges the
          evaluation of MECO's proposal.

          We deny the protest.


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