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B-405354,B-405354.4 1 (2011-10-06)

handle is hein.gao/gaobadoie0001 and id is 1 raw text is: 

   G

   ~G         A       0                                                Comptroller General
.Accountabiity * 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.
           D  e c i s i o n                         ......................................................................................................................


           Matter of: MPC Containment Systems, LLC

           File:       B-405354; B-405354.4

           Date:       October 6, 2011


           Garry S. Grossman, Esq., Gabriel D. Soll, Esq., McCarthy, Sweeney & Harkaway, PC,
           for the protester.
           David P. Ingold, Esq., Elliot S. Avidan, Esq., United States Marine Corps, for the
           agency.
           Gary R. Allen, Esq., and James A. Spangenberg, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest that proposal was misevaluated is denied where evaluation was
           reasonably supported by the record and the protester's arguments reflect mere
           disagreement with agency's technical judgments.

           2. GAO will not invoke the significant issue exception to its timeliness rules where
           GAO has previously considered the issue on the merits in prior decisions.

           3. Supplemental protest filed after receipt of agency report is untimely where the
           information on which the protest was based was known or should have been known
           by the protester at the time it received its debriefing.
           DECISION

           MPC Containment Systems, LLC, of Chicago, Illinois, protests its failure to receive
           award under request for proposals (RFP) No. M67854-1 1-R-5030, issued by the
           United States Marine Corps, Marine Corps Systems Command, for commercial
           product integration to support and sustain certain fuel and water systems programs,
           known as Tactical Fuel Systems (TFS) and Water Supply Support Equipment
           (WSSE). MPC argues that its proposal was unreasonably evaluated.


We deny the protest in part and dismiss it in part.

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