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B-413711 1 (2016-12-19)

handle is hein.gao/gaobadswl0001 and id is 1 raw text is: 




          G     A   O                                                  Comptroller General
VA   N  Accountability * Integrity * Reliability            of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of: Xtreme Concepts Inc

           File:       B-413711

           Date:       December 19, 2016

           Marshall Yates, Esq., for the protester.
           Kathleen Miller, Esq., and Stephen Sowell, Esq., Department of the Army, Corps of
           Engineers, for the agency.
           Lois Hanshaw, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Agency improperly eliminated protester's proposal from the competitive range
           where that elimination was based solely on the protester's neutral past performance
           rating.
           DECISION

           Xtreme Concepts Inc. (Xtreme), of Birmingham, Alabama, protests the exclusion of
           its proposal from the competitive range under request for proposals (RFP)
           No. W91278-16-R-0038, issued by the Department of the Army, Corps of
           Engineers, for the installation of transformers at Millers Ferry Powerhouse, in
           Camden, Alabama. Xtreme challenges the agency's evaluation of past
           performance and its failure to conduct discussions with Xtreme.

           We sustain the protest.

           BACKGROUND

           On June 9, 2016, the RFP was issued as a small business set-aside, and in
           accordance with the commercial item procedures of Federal Acquisition Regulation
           (FAR) part 12 and the simplified acquisition procedures of FAR part 13. RFP
           at 1, 3. The RFP contemplated award of a fixed-price contract, on the basis of a
           best-value tradeoff that considered the following: (1) proposal compliance review;
           (2) technical proposal evaluations; (3) price analysis; and (4) technical-price tradeoff
           analysis. Id. at 120.

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