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B-404153 1 (2011-01-13)

handle is hein.gao/gaobadbqr0001 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: Northeast Military Sales, Inc. File: B-404153 Date: January 13, 2011 Ira E. Hoffman, Esq., Shulman, Rogers, Gandal, Pordy & Ecker, PA, for the protester. Helen J. S. White, Esq., Department of Defense, for the agency. Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST An agency's assessment of awardee's past performance as exceptional was not reasonable where the agency failed to consider adverse past performance information of which it was aware. DECISION Northeast Military Sales, Inc. (NEMS), of Sterling, Massachusetts, protests the award of a contract to Nayyarsons Corporation, of Williston Park, New York, under request for proposals (RFP) No. HDECO2-10-R-0005 issued by the Department of Defense, Defense Commissary Agency (DeCA), for deli and bakery resale operations. NEMS broadly challenges the agency's technical, past performance, and price evaluations, as well as the adequacy of discussions. We sustain the protest. BACKGROUND The RFP, issued on June 22, 2010, provided for the award of a requirements-type, fixed-price-award-term contract for deli and bakery resale operations at six commissaries in DeCA's Great Lakes Cluster/East Region for a 2-year base period with two 1-year option periods and four 1-year award term periods. See RFP at 1-3, 27, 37. The contractor is required to provide commissary customers with a core list of deli and bakery food items at costs below those of the same or similar items from comparable commercial supermarkets (excluding membership clubs, specialty stores, and convenience stores) within 10 miles of each commissary. See id. at 3; Performance Work Statement at 46. The agency will provide the contractor

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