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B-309964 1 (2007-11-09)

handle is hein.gao/gaocrptauiz0001 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: ITT Industries Space Systems, LLC

          File:        B-309964; B-309964.2

          Date:        November 9, 2007

          Kevin P. Connelly, Esq., Joseph J. Dyer, Esq., Grace Bateman, Esq., Jon B. Crocker,
          Esq., Heather L. Pitz, Esq., and Amanda B. Weiner, Esq., Seyfarth Shaw LLP, for the
          protester.
          Scott Arnold, Esq., Bradley Wine, Esq., Joseph Berger, Esq., Austin Fulk, Esq., and
          Justin A. Chiarodo, Esq., Dickstein Shapiro LLP, for Ball Aerospace & Technologies
          Corp., an intervenor.
          Vincent A. Salgado, Esq., James T. Mahoney, Esq., Daniel Hymer, Esq., and Laura M.
          Giza, Esq., National Aeronautics and Space Administration, for the agency.
          Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest challenging evaluation of proposals and source selection decision is
          denied where record demonstrates that the evaluation was reasonable and
          consistent with the solicitation, and protester's arguments amount to mere
          disagreement with agency's conclusions.

          2. Agency's failure to address Defense Contract Audit Agency qualification of audit
          results regarding awardee's cost proposal due to awardee's noncompliance with cost
          accounting standards was not prejudicial where agency demonstrated that awardee's
          noncompliance would not result in any increased costs to the government.
          DECISION

          ITT Industries Space Systems, LLC protests the award of a contract to Ball
          Aerospace & Technologies Corp. (BATC) under request for proposals (RFP) No.
          NNG07177439R, issued by the National Aeronautics and Space Administration
          (NASA) for the operational land imager instrument for the Landsat Data Continuity
          Mission. ITT argues that NASA improperly evaluated its proposal as well as that of
          the awardee, failed to conduct meaningful discussions with ITT, and, as a
          consequence, the award decision was flawed.


We deny the protest.

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