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B-401924,B-401924.2 1 (2009-12-22)

handle is hein.gao/gaobadbdf0001 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: DME Corporation File: B-401924; B-401924.2 Date: December 22, 2009 J. William Koegel, Esq., Steven J. Barber, Esq., Paul R. Hurst, Esq., and Saad Gul, Esq., Steptoe & Johnson LLP, for the protester. David Z. Bodenheimer, Esq., Shauna E. Alonge, Esq., Jonathan Baker, Esq., Crowell & Moring LLP, for Aeroflex Wichita, Inc., the intervenor. Elliot S. Avidan, Esq., and David P. Ingold, Esq., United States Marine Corps, 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. Agency's determination that awardee's proposal was technically superior to protester's properly reflects the agency's consideration of matters that were reasonably encompassed within the solicitation's stated evaluation factors. 2. Protester's various arguments regarding the agency's judgments and ratings constitute mere disagreement with those judgments, and provide no basis for sustaining the protest. 3. Protest that awardee improperly obtained protester's proprietary information from protester's former employee will not be reviewed where protester failed to comply with the statutory 14-day reporting requirement regarding an alleged procurement integrity violation. DECISION DME Corporation, of Orlando, Florida, protests the U.S. Marine Corps' award of a contract to Aeroflex Wichita, Inc., of Wichita, Kansas, pursuant to request for proposals (RFP) No. 67854-09-R-3002 to provide ground radio maintenance automatic test systems (GRMATS) for software-defined radios. DME protests that the agency failed to properly evaluate DME's and Aeroflex's proposals with regard to the solicitation's non-price evaluation factors. DME also protests that Aeroflex

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