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B-406405,B-406405.2 1 (2012-05-21)

handle is hein.gao/gaobadovm0001 and id is 1 raw text is: 



           G   A    O                                                 Comptroller General
Accountability * Integrity * Reliability                               of the United States
  United States Government Accountability Office .............................................................................................................................
  Unsigt , Stats Gn ADOCUMENT 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
          Decision                                  .approved for public release.



          Matter of: ITT Electronic Systems

          File:        B-406405; B-406405.2

          Date:        May 21, 2012

          J. Scott Hommer III, Esq., Paul A. Debolt, Esq., Keir X. Bancroft, Esq., George W.
          Wyatt, IV, Esq., and Christina K. Kube, Esq., Venable LLP, for the protester.
          Thomas P. Humphrey, Esq., John E. McCarthy Jr., Esq., Jonathan M. Baker, Esq.,
          Grant J. Book, Esq., and Derek R. Mullins, Esq., Crowell & Moring LLP, for
          BAE Systems Information and Electronic Systems Integration Inc., and
          Richard A. Sauber, Esq., Deneen J. Melander, Esq., Michael Waldman, Esq., and
          Sue Chen, Esq., Robbins, Russell, Englert, Orseck, Untereiner & Sauber, LLP, for
          Northrop Grumman Systems Corporation, the intervenors.
          Tina M. Pixler, Esq., Christopher C. Schwan, Esq., and Roger W. Cornelius, Esq.,
          Department of the Army, for the agency.
          Matthew T. Crosby, Esq., and Glenn G. Wolcott, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Unincorporated division of corporate parent that submitted proposal and filed
          protest is interested party to protest notwithstanding post-proposal-submission
          corporate restructuring whereby unincorporated division and assets committed to
          contract performance were transferred to new, stand-alone corporate entity.

          2. Protest that agency imposed unstated evaluation criterion for data reflecting
          testing under dynamic flight conditions is denied where solicitation for development
          of missile countermeasure system to be used aboard military aircraft adequately
          advised offerors that agency would consider performance of proposed systems
          under dynamic flight conditions.

          3. Protest that agency unreasonably evaluated [DELETED] cable component of
          protester's proposed countermeasure system is denied where content of protester's
          proposal reasonably supports agency's evaluation criticisms.

          4. Protest that agency treated offerors unequally is denied where record reflects
          reasonable basis for distinction that agency identified between proposals.

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