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B-406700.3 1 (2012-12-04)

handle is hein.gao/gaobadpfg0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
      Accountabilty * 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
         Decision                                 [e         for pic release.



         Matter of: TestVonics Inc.

         File:        B-406700.3

         Date:     December 4, 2012

         Patrick R. Quigley, Esq., Arent Fox LLP, for the protester.
         Ronald S. Perlman, Esq., and Alexander B. Ginsberg, Esq., Holland & Knight LLP,
         for Custom Manufacturing and Engineering, Inc., an intervenor.
         W. Michael Rose, Esq., Charles R. Epperson, Esq., and Jonathan L. Simpson,
         Esq., Department of the Air Force, for the agency.
         Scott H. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that agency unreasonably and unfairly evaluated the past performance of
         the protester and awardee is denied where record shows that agency's evaluation
         was reasonable, consistent with the terms of the solicitation, and not the result of
         unequal treatment.
         DECISION

         TestVonics, Inc., of Petersborough, New Hampshire, protests the award of a
         contract to Custom Manufacturing and Engineering, Inc. (CME), of Pinellas Park,
         Florida, under request for proposals (RFP) No. FA8533-09-R-21835, issued by the
         Department of the Air Force for a quantity of flight control system test sets.
         TestVonics maintains that the agency misevaluated proposals and made an
         unreasonable source selection decision.

         We deny the protest.

         BACKGROUND

         The RFP contemplates the award of a fixed-price contract to the firm submitting the
         proposal deemed to offer the best value to the government, considering price and
         several non-price considerations. RFP at 65. The acquisition is a 100-percent
         small business set-aside and is being conducted as a commercial product
         acquisition under Federal Acquisition Regulation (FAR) part 12. The RFP provided

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