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B-298626 1 (2006-11-21)

handle is hein.gao/gaocrptasri0001 and id is 1 raw text is: 




A         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.

          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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