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B-414430,B-414430.2,B-414430.3 1 (2017-06-06)

handle is hein.gao/gaobadtlx0001 and id is 1 raw text is: 




         G     A    O                                                     Comptroller Genera
       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 belowwassubject to
                                                       a GAO Protective Order. Thisredacted version has

          D e c is io n                                been approved forpublic release.    __,


          Matter of: IR Technologies

          File:        B-414430; B-414430.2; B-414430.3

          Date:        June 6, 2017

          John R. Tolle, Esq., and H. Todd Whay, Esq., Baker, Cronogue, Tolle & Werfel,
          LLP, for the protester.
          James Y. Boland, Esq., and Miranda S. Riemer, Esq., Venable LLP, for MetroStar
          Systems, Inc., an intervenor.
          Robert J. Drone, Esq., and David A.G. Kendrick, Esq., United States Marine Corps,
          for the agency.
          Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest issue raised subsequent to a post-award debriefing provided to an
          offeror in a Federal Supply Schedule procurement is untimely where it was filed
          more than 10 days after the basis of protest was known; since the procurement was
          not conducted on the basis of competitive proposals, the timeliness rules based on
          protests which challenge a procurement conducted on the basis of competitive
          proposals under which a debriefing is requested and required are not applicable.

          2. Protest challenging agency's price evaluation of awardee on grounds that the
          agency failed to perform a price realism analysis is dismissed as factually and
          legally insufficient where protester fails to show that the solicitation required a price
          realism analysis.

          3. Protest challenging the agency's evaluation of the awardee's key personnel is
          denied where the evaluation was reasonable and consistent with the solicitation.

          4. Protest alleging that the agency improperly conducted discussions with only the
          awardee is denied where, even if the exchange constituted discussions, the
          protester has not shown that it was prejudiced by the agency's action.

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