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B-403471,B-403471.3 1 (2010-11-05)

handle is hein.gao/gaobadbon0001 and id is 1 raw text is: 


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         G    A   O                                                   Comptroller General
      Accuntabiity * Integrity * Reliability                           of the United States
United States Governm ent  Accountability  Office   ---------------------------------------------------------------------------------------------------------- -
Washington, DC 20548                                 DOCUMENT   FOR  PUBLIC RELEASE
                                                    The decision issued on the date below was subject to a
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.




         Matter  of:  Sikorsky Aircraft Corporation

         File:        B-403471; B-403471.3

         Date:        November  5, 2010

         John W. Chierichella, Esq., David S. Gallacher, Esq., Christopher R. Noon, Esq., and
         Anne B. Perry, Esq., Sheppard Mullin Richter & Hampton LLP; and Chester Paul
         Beach, Jr., Esq., Sikorsky Aircraft Corporation, for the protester.
         Gregory F. Ircink, Esq., Department of the Navy, for the agency.
         Jonathan L. Kang, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging the use of the public interest exception to full and open
         competition for acquisition of Russian-made helicopters for delivery to the
         Afghanistan Air Force is denied where the Acting Secretary of the Navy issued a
         determination that justified the restricted competition.
         DECISION

         Sikorsky Aircraft Corporation, of Stratford, Connecticut, protests the terms of
         request for proposals (RFP) No. N00019-10-R-0032, issued by the Department of the
         Navy, Naval Air Systems Command,  for Mi-17 variant helicopters for the Afghanistan
         Air Force. Sikorsky contends that the Navy improperly limited the competition to
         the Russian-made Mi-17 helicopter.

         We deny the protest.

         The RFP was  issued on July 8, 2010, and sought proposals to provide 21 new Mi-17
         variant helicopters, along with tool kits and spare parts, and pre-acceptance testing.
         The Mi-17 is the export version of a multi-use transport helicopter designed by the
         Soviet Union for use in Afghanistan, and is currently manufactured in Russia by two
         companies.  Contracting Officer (CO) Statement at 1. Offerors could propose either
         the Mi-17V5 or Mi-171/172 variants of the helicopters. RFP at 3. The contractor must
         deliver the helicopters to the Combined Airpower Transition Force (CAPTF) at the

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