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B-408795 1 (2013-11-25)

handle is hein.gao/gaobadpxm0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 redacted version has Decision [e for pic release. Matter of: Eclypse International Corporation File: B-408795 Date: November 25, 2013 James H. Roberts, III, Esq., Van Scoyoc Kelly & Roberts PLLC, for the protester. Alan Dickson, Esq., Holland & Knight LLP, for DIT-MCO International Corporation, an intervenor. M. Lee Cording, Esq., and Barbara J. Amster, Esq., Department of the Navy, Naval Supply Systems Command, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly intends to conduct acquisition on a sole-source basis is denied where record shows that agency analyzed the capabilities of the protester's product and concluded that the product did not meet several of the agency's material requirements. DECISION Eclypse International Corporation, of Corona, California, protests the proposed sole- source award of a contract to DIT-MCO International Corporation, of North Island, California, by the Department of the Navy, to upgrade a preexisting DIT-MCO automatic wiring analyzer (AWA). Eclypse maintains that the agency unreasonably concluded that only DIT-MCO can meet the agency's requirements. We deny the protest. The agency published a justification and approval (J&A) and announced its intent to award a sole-source contract to DIT-MCO on July 8, 2013. The Navy cited as authority for its actions 10 U.S.C. § 2304 (c)(1) (2006), which permits an agency to use other than full and open competitive procedures to acquire goods or services where the agency determines that only one responsible source that can meet the agency's requirements. Agency Report (AR), exh. 1, Agency J&A at 1. Upon learning of the agency's decision, Eclypse contacted the agency in an effort to provide what it characterized as its comments on the agency's J&A. In effect,

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