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B-297172 1 (2005-12-01)

handle is hein.gao/gaocrptaqzh0001 and id is 1 raw text is: A 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. Decision Matter of: FN Manufacturing, Inc. File: B-297172; B-297172.2 Date: December 1, 2005 John S. Pachter, Esq., Jonathan D. Shaffer, Esq., Erin R. Karsman, Esq., Richard C. Johnson, Esq., and David S. Stern, Esq., Smith Pachter McWhorter & Allen, for the protester. Jeffrey I. Kessler, Esq., and Maria B. Bribriesco, Esq., Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency's affirmative determination of the awardee's responsibility on the ground that there is evidence raising serious concerns that the contracting officer (CO) unreasonably failed to consider available relevant information suggesting that the awardee does not have a satisfactory record of integrity and business ethics is denied where the record shows that: (1) while the awardee was investigated for possible fraud, it was neither indicted nor proposed for debarment; (2) the CO was aware of the information that led to the questions about the awardee's activities under certain previous contracts and did not ignore the matter; and (3) the CO's more recent dealings with the company provided a rational basis for her conclusion that the awardee is a responsible contractor. DECISION FN Manufacturing, Inc. protests the award of a contract to Tri-Technologies, Inc. under solicitation No. W52H09-05-R-0190, issued by the Department of the Army for 12,500 bipod assemblies for M249 machine guns. FN challenges the Army's affirmative determination of Tri-Tech's responsibility. We deny the protest.

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