About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-413385 1 (2016-10-17)

handle is hein.gao/gaobadsqx0001 and id is 1 raw text is: 




        G     A    O                                                 Comptroller General
      Accountabilty * Integrity * Reliability                        of the United States
United States Government Accountability Office
             Washigton DC 0548DOCUMENT 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: Analytical Graphics, Inc.

         File:       B-413385

         Date:       October 17, 2016

         Seamus Curley, Esq., and Daniel J. Cook, Esq., DLA Piper LLP-US, and Kevin P.
         Mullen, Esq., Morrison & Foerster LLP, for the protester.
         Lt. Col. C. Taylor Smith, Christopher S. Cole, Esq., Maj. David Gilkes, Jason
         Templin, Esq., Department of the Air Force, for the agency.
         Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that the solicitation's minimum requirements are too low and do not
         reflect the agency's actual requirements is denied where the agency had a
         reasonable basis for the requirements.

         2. Protest challenging the agency's decision to set aside the procurement for small
         businesses is denied where the agency had a reasonable expectation that offers
         would be received from at least two responsible small business concerns, and
         award would be made at a fair market price.

         3. Protest challenging the issuance of the solicitation on a non-commercial item
         basis is dismissed where the protester, a large business, is not an interested party
         because the agency's commercial item determination did not affect the analysis of
         whether small businesses could perform the requirement.
         DECISION

         Analytical Graphics, Inc. (AGI), of Exton, Pennsylvania, protests the terms of
         request for proposals (RFP) No. FA2550-16-R-8002, which was issued by the
         Department of the Air Force for space situational awareness software and services.
         AGI argues that the solicitation does not reflect the agency's actual needs, is
         improperly set aside for small businesses, and improperly designates the
         procurement as non-commercial.


We deny the protest in part and dismiss it in part.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most