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B-404998 1 (2011-07-25)

handle is hein.gao/gaobadojb0001 and id is 1 raw text is: 


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G               A     0                                                 Comptroller General
countabiity * Integrity * Reliability                                   of the United States
  United States Government Accountability Office       DocuMENTFOR-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.
           D  e c i s i o n                         -.---------------------------------------------------------------------------------------------------------------- ......



           Matter of: Raytheon Company

           File:       B-404998

           Date:       July 25, 2011

           Mark D. Colley, Esq., Stuart W. Turner, Esq., and Dominique L. Casimir, Esq., Arnold
           & Porter LLP, for the protester.
           James J. McCullough, Esq., and Michael J. Anstett, Esq., Fried, Frank, Harris, Shriver
           & Jacobson LLP, for Science Applications International Corporation; Carl J.
           Peckinpaugh, Esq., Computer Sciences Corporation; and Karen R. Harbaugh, Esq.,
           and Robert E. Gregg, Esq., Squire, Sanders & Dempsey (US) LLP, for Pragmatics,
           Inc., the intervenors.
           Lisa J. Obayashi, Esq., Department of Commerce, 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

           1. Protest is sustained where discussions were conducted, but the protester was not
           provided with an opportunity to address the significant weaknesses identified in its
           proposal, even though one of the awardees had been provided the opportunity to
           revise its technical proposal in a significant way.

           2. Protest is sustained where the agency assessed a weakness under the experience
           factor (which required the submission of five references) whenever an offeror's
           reference did not have one of six areas of the experience required by the solicitation,
           even though the solicitation only required that offerors' references collectively
           demonstrate experience in the required areas.

           3. Protest challenging agency's use of adjectival ratings is denied where the ratings
           were consistent with the evaluation factor weights set forth in the solicitation.
           DECISION

           Raytheon Company, of Dulles, Virginia, protests the decision of the Department of
           Commerce, U.S. Patent and Trademark Office (PTO) not to award Raytheon one of
           the multiple contracts awarded under request for proposals (RFP)
           No. DOC52PAPT1000015, for software development and integration services.

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