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B-420913,B-420913.3,B-420913.4 Nov 03, 2022 1 (2022-11-03)

handle is hein.gao/gaonwm0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                        Comptroller General
Washington, DC 20548                                   of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision                          i a GAO Protective Order. This redacted version has
+ +   +been approved for public release.
Matter of:  National TRU Solutions, LLC
File:      B-420913; B-420913.3; B-420913.4
Date:      November 3, 2022
Kenneth B. Weckstein, Esq., Andrew C. Crawford, Esq., and Shlomo D. Katz, Esq.,
Brown Rudnick LLP, for the protester.
Scott M. McCaleb, Esq., Jon W. Burd, Esq., Cara L. Lasley, Esq., and W. Benjamin
Phillips, III, Esq., Wiley Rein LLP, for Tularosa Basin Range Services, LLC, the
intervenor.
James J. Jurich, Esq., Stephanie B. Young, Esq., Nicholas Bidwell, Esq.,
Greta Iliev, Esq., and Sky Smith, Esq., Department of Energy, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Challenge to evaluation of the protester's and awardee's technical proposals and
past performance is denied where the evaluation was reasonable and consistent with
the terms of the solicitation.
2. Protest contending that exchanges conducted with the awardee regarding the
awardee's price proposal were improper discussions is denied where the exchanges
amounted to clarifications of vague information contained within the offeror's proposal
and did not afford the awardee the opportunity to revise its proposal.
3. Agency's post-proposal submission exchanges with awardee regarding its small
business subcontracting plan were clarifications rather than discussions where the
information pertains to offeror responsibility, which may be provided any time prior to
award.
4. Protest that agency improperly evaluated the proposed role of an affiliate of the
awardee is denied where record shows that the awardee's proposal met the
requirements for proposing an affiliate and the agency's evaluation was not
unreasonable or inconsistent with the terms of the solicitation.

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