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B-402256 1 (2010-02-24)

handle is hein.gao/gaobadbfl0001 and id is 1 raw text is: 


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         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.
         D  e c  is io n                            ...........................................................


         Matter  of:  Dayton T. Brown, Inc.

         File:        B-402256

         Date:        February 24, 2010

         Michael A. Gordon, Esq., and Fran Baskin, Esq., for the protester.
         Maj. Jonathan P. Widmann, Maj. Karen L. Douglas, Col. Thomas J. Hasty, III, and
         Steven R. Fuscher, Esq., Department of the Air Force, for the agency.
         Tania Calhoun, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
         GAO,  participated in the preparation of the decision.
         DIGEST

         1. Protest that a solicitation's planned evaluation of two potential task orders
         provides another firm with an unfair price advantage due to that firm's prior work
         developing protocols required to perform the task orders is denied where the record
         shows that the other firm lost any competitive advantage it had when the protocols
         were released to all prospective offerors, and where the record shows that the
         magnitude and type of effort required by the task orders is significantly greater than
         that performed previously performed by the other firm.

         2. Protest that solicitation's evaluation factors are defective and impermissibly
         restrict competition because the solicitation sets forth a broad scope of work but the
         agency plans to evaluate proposals based only on the solicitation's task orders is
         denied where the record shows that the evaluation factors represent the key areas of
         importance to be considered during the evaluation, including both the task orders
         and the broader scope of work.
         DECISION

         Dayton T. Brown, Inc. (DTB), of Bohemia, Long Island, New York, protests the terms
         of request for proposals (RFP) No. FA7000-09-R-0059, issued by the Department of
         the Air Force, U.S. Air Force Academy, to obtain support for engineering tasks and
         research activities for aging structures initiated by the Academy's Center for Aircraft
         Structural Life Extension (CAStLE) program. The protester essentially complains
         that another contractor would have an unfair competitive advantage under the RFP
         as drafted.

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