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B-298626 1 (2006-11-21)

handle is hein.gao/gaobadiws0001 and id is 1 raw text is: I A 0 Comptroller General K, M 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: Lockheed Martin Aeronautics Company File: B-298626 Date: November 21, 2006 Marcia G. Madsen, Esq., David F. Dowd, Esq., Michael E. Lackey, Jr., Esq., and William L. Olsen, Esq., Mayer, Brown, Rowe & Maw LLP, for the protester. Paul W. Searles, Esq., Sharon N. Freytag, Esq., Jacqueline K. Shipchandler, Esq., and Christopher A. Rogers, Esq., Haynes and Boone, LLP, for L-3 Communications Integrated Systems LP, an intervenor. Joseph P. Hornyak, Esq., Mark D. Colley, Esq., and Stuart W. Turner, Esq., Holland & Knight LLP, for Raytheon Company, an intervenor. Jeffrey I. Kessler, Esq., and Tina Marie Pixler, Esq., Department of the Army, for the agency. Jonathan L. Kang, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably concluded that protester's proposal failed to comply with solicitation requirements where solicitation required that certain mandatory capabilities be embodied in aircraft and required delivery of first aircraft 12 months after award, but protester's proposal provided that it would not deliver aircraft equipped with the mandatory requirements until more than 4 years after award. 2. Agency meaningfully advised protester that its proposal failed to comply with solicitation's mandatory requirements when it asked protester how it intended to provide the mandatory requirements by the time of first aircraft delivery. 3. Agency reasonably limited its evaluation of offerors' production capability to the criterion identified in the solicitation. DECISION Lockheed Martin Aeronautics Company protests the Department of the Army's exclusion of Lockheed Martin's proposal from further consideration under request for proposals (RFP) No. W58RGZ-06-R-0213 to provide the joint cargo aircraft (JCA) to the government. Lockheed maintains that it was improper for the agency to

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