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B-298333.3 1 (2007-01-09)

handle is hein.gao/gaobaczsg0001 and id is 1 raw text is: I G A 0Comptroller General X, MAccountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Raith Engineering and Manufacturing Company, W.L.L. File: B-298333.3 Date: January 9, 2007 Ronald A. Schechter, Esq., and Chad E. Miller, Esq., Arnold & Porter, for the protester. Maj. Jayanth Jayaram, Department of the Army, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest to the Government Accountability Office will not be considered where it is preceded by an initial agency-level protest that was untimely filed more than 10 days after the protester was given a debriefing. DECISION Raith Engineering and Manufacturing Company, W.L.L. protests the award of a contract by the Department of the Army to Kellogg Brown and Root Services, Inc. (KBR) pursuant to request for proposals (RFP) No. W912D1-06-R-0032, issued to procure fuel support operations at two sites in Kuwait. Raith argues that the Army's selection of KBR was based on an unreasonable evaluation of proposals. We dismiss the protest. On Thursday, November 16, 2006, the Army made award to KBR and provided Raith with an e-mail notification of the award decision. On Monday, November 20, Raith requested a debriefing; the debriefing was provided, in writing, on November 22. Three days after receipt of the debriefing, on November 25, Raith requested a meeting with the contracting officer (CO). This request for a meeting both advised that Raith was seeking additional information about the award decision, and that it was providing notice of protest, which it described as subject to sustainment or withdrawal dependent upon the outcome of the meeting. Agency Report (AR), Tab 5. The CO sought clarification from Raith about its request, asking, by e-mail, whether the request was a protest, which would trigger agency protest procedures,

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