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B-409514.3 1 (2015-03-02)

handle is hein.gao/gaobadsit0001 and id is 1 raw text is: G A O 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. D e c i s i o n - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Delfasco, LLC File: B-409514.3 Date: March 2, 2015 David S. Cohen, Esq., John J. O'Brien, Esq., Gabriel E. Kennon, Esq., Daniel Strouse, Esq., and Amy J. Spencer, Esq., Cohen Mohr LLP, for the protester. Debra J. Talley, Esq., Susan Allison-Hiebert, Esq., and Larry D. Manecke, Esq., Department of the Army, for the agency. Kenneth Kilgour, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's evaluation of the relevancy of the awardee's past performance is sustained, where the agency's assessment of the past performance was inconsistent with the definitions in the solicitation and otherwise unsupported. 2. Protest challenging the agency's conduct of discussions is sustained, where the agency misled the protester as to the weaknesses that remained in its proposal, so as to deprive it of an opportunity to address and resolve in its final proposal revision six remaining evaluated weaknesses. DECISION Delfasco, LLC, of Greeneville, Tennessee, protests the award of a contract to GTI Systems, Inc., of Auburndale, Florida, under request for proposals (RFP) No. W52P1J-12-R-0147, issued by the Department of the Army, Army Contracting Command, for two types of practice bombs and a suspension lug (used for attaching bombs to fixed-wing and rotary aircraft). The protester challenges the agency's evaluation of the offerors' past performance and conduct of discussions. We sustain the protest.

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