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B-405123 1 (2011-08-26)

handle is hein.gao/gaobadoik0001 and id is 1 raw text is: 



J         G    A                                                         Comptroller General
        Accountability * Integrity * Reliability                          of the United States
United States Government Accountability Office  DOCUMENTFoR-PUBICRELEASE
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:   Vital Link, Inc.

          File:        B-405123

          Date:     August 26, 2011

          Stan Hinton, Esq., Stan Hinton Law Office, for the protester.
          Richard J. Leidl, Esq., Richard J. Leidl, PC, for Atec, Inc., an intervenor.
          Col. Mark S. Teskey, Amanda M. Willis, Esq., Maj. Christy J. Barry, and Kurt H.
          Eberle, Esq., Department of the Air Force, for the agency.
          Jacqueline Maeder, Esq., and Scott H. Riback, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Agency's evaluation of awadee's past performance as relevant was reasonable and
          consistent with the terms of the solicitation, which afforded the agency the discretion
          to consider past performance examples involving similar--but not identical--efforts in
          determining relevance.
          DECISION

          Vital Link, Inc., of Sealy, Texas, protests the award of a contract to Atec, Inc., of
          Stafford, Texas, under request for proposals (RFP) No. FA81 00-11 -R-0007, issued
          by the Department of the Air Force for the relocation, and repair/refurbishment of two
          A/F32T-9 (T-9) noise suppressors and the fabrication and installation of thrust
          frames and testing systems within each T-9. The protester contends that the
          evaluation of Atec's past performance was unreasonable.

          We deny the protest.

          The RFP, issued March 2, 2011 under Federal Acquisition Regulation (FAR) Part
          12, Commercial Items, contemplated the award of a 15-month fixed-price contract
          for: (1) relocation of two T-9 noise suppressors (one from Canon Air Force Base,
          New Mexico; one from Aviano Air Base, Italy) to Tinker Air Force Base, Oklahoma;
          (2) repair/refurbishment of the T-9s; and (3) fabrication and installation of a thrust
          frame system within each T-9. Agency Report (AR), Tab 1, Memorandum of Law,
          at 2; AR, Tab 2, Contracting Officer (CO) Statement, at 2. The T-9 noise suppressor
          is a large structure (11,232 square feet and 28 feet 7 inches high) used by the Air

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