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B-406771 1 (2012-08-17)

handle is hein.gao/gaobadozj0001 and id is 1 raw text is: AlG A O Comptroller General ,!7 = 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 version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Millennium Space Systems, Inc. File: B-406771 Date: August 17, 2012 James F. Nagle, Esq., Jonathan A. DeMella, Esq., and Meredith L. Thielbahr, Esq., Oles Morrison Rinker & Baker LLP, for the protester. Scott M. McCaleb, Esq., Benjamin J. Kohr, Esq., Jon W. Burd, Esq., and Nicole J. Owren-Wiest, Esq., Wiley Rein LLP, for the intervenor. Maj. Troy D. Hammon, Department of the Air Force, for the agency. Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. A debriefing provided in a procurement conducted as a Broad Agency Announcement pursuant to Federal Acquisition Regulation (FAR) § 6.102(d)(2) and FAR § 35.016 does not fall within the exception to our general timeliness rules at 4 C.F.R. § 21.2(a)(2) (2012), because such a procurement is not a procurement conducted on the basis of competitive proposals, under which a debriefing is requested and, when requested, is required. 2. Protest that agency applied unstated criteria in its evaluation of protester's proposal is denied where the record reflects that the agency's evaluation was consistent with terms of solicitation. DECISION Millennium Space Systems, Inc., of Torrance, California, protests the award of a contract to Orbital Sciences Corp., of Dulles, Virginia, by the Department of the Air Force under Broad Agency Announcement (BAA) No. BAA-RV-1 2-4, seeking proposals to advance the state-of-the-art and scientific knowledge in space technology, with the primary objective of developing and delivering an ESPA Augmented Geostationary Laboratory Experiment (EAGLE) Platform spacecraft bus. Agency Report at 1. We dismiss the protest in part and deny it in part.

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