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B-291728,B-291728.2 1 (2003-03-05)

handle is hein.gao/gaobacygr0001 and id is 1 raw text is: 




         G     A    0Comptroller General
       Accountability * Integrity * Reliability                       of the United States
United States General Accounting 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:  Innovative Communications Technologies, Inc.

          File:       B-291728; B-291728.2

          Date:       March 5, 2003

          James S. Phillips, Esq., Barbara S. Kinosky, Esq., James S. DelSordo, Esq., George
          Darby, Esq., and Lorie Grotos, Esq., Centre Law Group, for the protester.
          Richard J. Vacura, Esq., Holly Emrick Svetz, Esq., and John F. Cox III., Esq.,
          Morrison & Foerster, for Mackay Communications, an intervenor.
          Jeffrey A. Mansfield, Esq., and Deana Jaeger, Esq., Department of the Navy, for the
          agency.
          David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Agency reasonably rejected as technically unacceptable proposed high performance
          modem  for use with satellite terminals on board ships, where: (1) agency reasonably
          interpreted proposal as requiring a version of the satellite terminal software that was
          not present on 95 percent of Navy ships, the solicitation stated that the government
          would not furnish the software, the record indicates that the protester was aware
          that it could not rely on the software being present, and protester did not offer to
          furnish the software itself, and (2) protester included in its final proposal revision an
          inadequately explained change in the description of its technical approach, such that
          it was not clear that the proposed system provided the required full functionality.
          DECISION

          Innovative Communications Technologies, Inc. (ICTI) protests the Department of the
          Navy's rejection of its proposal as technically unacceptable under request for
          proposals (RFP) No. N66001-02-R-5999, for interoperable high performance modems
          and related interface equipment. ICTI primarily challenges the technical evaluation.


We deny the protest.

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