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B-401123; B-401123.2 1 (2009-06-01)

handle is hein.gao/gaobadaxd0001 and id is 1 raw text is: G A 0 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: Ashbury International Group, Inc. File: B-401123; B-401123.2 Date: June 1, 2009 Anthony F. Troy, Esq., G. Brent Connor, Esq., and George G. Booker, Jr., Esq., Troutman Sanders LLP, for the protester. William A. Shook, Esq., Shook, Doran, Koehl, LLP, for Horus Vision, LLC, an intervenor. Major Kyle D. Murray, United States Marine Corps, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency misevaluated awardee's proposal is sustained where record shows that, while solicitation provided that agency would conduct extensive testing on submitted product samples, it failed to conduct testing on awardee's product, as revised following discussions, and instead accepted awardee's unsubstantiated representation that it would provide product that meets solicitation requirements. 2. Protest that agency failed to engage in meaningful discussions with protester is sustained, where record shows that agency downgraded protester's proposal for failure to include information that was not called for in solicitation, the information was not the subject of discussions, and weakness assigned to protester's proposal ultimately was the sole technical discriminator between proposals; agency either should have amended solicitation to reflect changed requirements, or conveyed new requirements to protester during discussions. DECISION Ashbury International Group, Inc., of Ruckersville, Virginia, protests the award of a contract to Horus Vision, LLC, of San Bruno, California, under request for proposals (RFP) No. M67854-08-R-1014, issued by the U.S. Marine Corps for a quantity of scout sniper observation telescopes (SSOTs or telescopes). Ashbury maintains that the agency misevaluated proposals, and failed to provide it with meaningful discussions. We sustain the protest.

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