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B-423103 Jan 15, 2025 1 (2025-01-15)

handle is hein.gao/gaorip0001 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 Decision Matter of: Beacon Industries, Inc. File: B-423103 Date: January 15, 2025 James M. Black, II, Esq., Falcon Rappaport & Berkman LLP, for the protester. Robert E. Sebold, Esq., Department of Defense, Defense Logistics Agency, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that an agency unfairly considered the protester's recent deficient performance under a contract with the same agency for the same item is denied where the agency's evaluation was fair and reasonable notwithstanding the protester's insistence that the past performance was a matter of an ongoing dispute that remains unresolved. DECISION Beacon Industries, Inc., of Newington, Connecticut, a small business, protests the award of a contract to General Electric Company, of Lynn, Massachusetts, under request for quotations (RFQ) No. SPE7L0-24-T-003J, issued by the Department of Defense, Defense Logistics Agency (DLA), to supply 85 commercial piston seals (identified by National Stock No. 5330-01-280-9849) for use in Apache and Blackhawk helicopter aircraft. Beacon argues that its quotation was improperly rejected because of allegedly defective performance on another contract for the same items. We deny the protest. BACKGROUND The RFQ was issued on September 16, 2024, and contemplated the award of a single contract, valued below the simplified acquisition threshold, to supply the specified quantity of piston seals. The RFQ identified the piston seals as critical application items and listed two approved sources: Beacon and General. Agency Report (AR), Tab 7, RFQ at 8. The RFQ incorporated the terms of the DLA master solicitation for automated simplified acquisitions, revision 97. Id. at 1.

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