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B-411733,B-411733.4 1 (2015-10-08)

handle is hein.gao/gaobadrpy0001 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.




         Matter of: Aerostar Perma-Fix TRU Services, LLC

         File:        B-411733; B-411733.4

         Date:     October 8, 2015

         William M. Jack, Esq., Dorn C. McGrath III, Esq., Holly A. Roth, Esq., and
         Amba M. Datta, Esq., Kelley Drye & Warren LLP, and Michael J. Schaengold, Esq.,
         Greenberg Traurig LLP, for the protester.
         Anne B. Perry, Esq., and Katie Calogero, Esq., Sheppard Mullin Richter &
         Hampton LLP, for North Wind Group, the intervenor.
         Ronald Freeman, Esq., Charmaine A. Howson, Esq., Timothy B. O'Keefe, Esq., and
         H. Jack Shearer, Esq., Department of Energy, for the agency.
         Cherie J. Owen, Esq., and David A. Ashen, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging agency's technical evaluation is denied where record shows
         that the evaluation was reasonable and consistent with the stated evaluation
         criteria.

         2. Protest challenging agency's evaluation of relevant experience is denied where
         agency's assignment of weaknesses to protester's proposal, including a weakness
         for failing to follow solicitation's instruction that each team member submit a form
         identifying relevant experience, was reasonable and consistent with the stated
         evaluation criteria.

         3. Protest of evaluation of past performance by awardee's subcontractor under the
         incumbent contract is denied where the agency reasonably assigned a rating of
         neither favorable nor unfavorable based on the totality of the past performance,
         including not only significant performance problems, but also the contractor's
         corrective action and recent very good or satisfactory performance.
         DECISION

         Aerostar Perma-Fix TRU Services, LLC (APT), of Oak Ridge, Tennessee, an 8(a)
         mentor-prot6g6 joint venture, protests the Department of Energy's (DOE) award of a
         contract to North Wind Group, under request for proposals (RFP) No. DE-SOL-