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B-403471.2 1 (2010-11-05)

handle is hein.gao/gaobadbou0001 and id is 1 raw text is: 


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         G    A   O                                                    Comptroller General
      Acc untabiity * Integrity * Reliability of the United States
United States Governm ent Accountability  Office   ----------------------------------------------------------------------------------------------------------------U
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:  ARINC  Engineering Services, LLC

         File:        B-403471.2

         Date:        November  5, 2010

         Philip J. Davis, Esq., Daniel P. Graham, Esq., Thomas J. Warren, Esq., and Craig
         Smith, Esq., Wiley Rein LLP, 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 a solicitation for Russian-made helicopters to be provided to the
         Afghanistan Air Force as a de facto sole source procurement because of the possible
         role of a Russian government entity is dismissed where it fails to state a valid basis
         for protest.
         DECISION

         ARINC  Engineering Services, LLC, of Annapolis, Maryland, protests the terms of
         request for proposals (RFP) No. N00019-10-R-0032, issued by the Department of the
         Navy, Naval Air Systems Command   (NAVAIR), for Mi-17 variant helicopters for the
         Afghanistan Air Force. ARINC contends that the solicitation was unduly restrictive
         of competition because it created a de facto sole source award because of the role of
         a Russian government entity, which, the protester believes, controls the export of the
         helicopters. The protester contends that the agency should have included a
         solicitation clause to address the potential anti-competitive effects stemming from
         the role of the Russian entity.

         We  dismiss the protest.

         BACKGROUND

         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. The aircraft is currently manufactured in Russia

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