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B-400796.2 1 (2008-12-16)

handle is hein.gao/gaobadara0001 and id is 1 raw text is: 


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         G     A    0Comptroller General
WAM    Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548


             D   ..
          Decision


          Matter of:  Hart Security Limited

          File:       B-400796.2

          Date:       December  16, 2008

          Graham Kerr, Hart Security Ltd., for the protester.
          Scott N. Flesch, Esq., Department of the Army, for the agency.
          Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Where solicitation amendment provided that a successful offeror must hold a
          facility security clearance in order to perform the solicitation requirements, and
          protester submitted a proposal responding to those requirements, protester's
          post-closing-date protest challenging the agency's amendment of the solicitation is
          not timely filed.

          2. Even if protest were timely filed, protester's complaint that agency delayed
          identification of the facility clearance requirement for 6 weeks following initial
          solicitation publication fails to state a basis for protest.
          DECISION

          Hart Security Limited, of Nicosia, Cyprus, protests the actions taken by the
          Department of the Army, Joint Contracting Command -- Iraq, in connection with the
          amendment  of solicitation No. W91GYO-08-R-0076, which sought security services
          related to the operation of forward operating base (FOB) Shield in Baghdad, Iraq.'
          Specifically, Hart protests that the agency failed to advise offerors, early in the
          procurement process, that an offeror must hold a facility security clearance, and that



          'FOB Shield is located in the Rusafa District of Baghdad. The solicitation states that
          FOB Shield is used as the garrison of International Police Trainers, International
          Police Liaison Officer, Department of State personnel, the Law and Order Task
          Force, and coalition forces. RFP, Performance Work Statement, at 54.

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