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B-409148.3,B-409148.4 1 (2014-07-30)

handle is hein.gao/gaobadqln0001 and id is 1 raw text is: 




          G     A   O                                                  Comptroller General
r       Accountablity * Integrity * Reliability                         of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  Harris Corporation

           File:       B-409148.3; B-409148.4

           Date:       July 30, 2014

           Lori Ann Lange, Esq., and Nick R. Hoogstraten, Esq., Peckar & Abramson, PC, for
           the protester.
           Mark D. Colley, Esq., Dominique L. Casimir, Esq., and Emma V. Broomfield, Esq.,
           Arnold & Porter LLP, for the intervenor.
           Debra J. Talley, Esq., U.S. Army Materiel 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

           Where Government Accountability Office (GAO) sustained protest on grounds that
           awardee did not meet a material solicitation requirement, and agency implements
           corrective action that results in awardee's proposal being found unacceptable, GAO
           will not consider subsequent protest by awardee that original protester's proposal
           also should have been found unacceptable, where the challenge does not go
           beyond speculating about the contents of the original protester's proposal.
           DECISION

           Harris Corporation, of Lynchburg, Virginia, protests the award of a contract to
           Motorola Solutions, Inc., of Columbia, Maryland, under request for proposals (RFP)
           No. W91CRB-13-R-0024, issued by the Department of the Army, U.S. Army
           Materiel Command, for a land mobile radio (LMR) system for the Detroit Arsenal,
           Michigan. Harris maintains that the terms of the RFP exceed the agency's
           requirements, and that the Army failed to engage in discussions with it and
           misevaluated proposals in making its award decision.

           We dismiss the protest.

           This is our second occasion to consider the Army's actions in connection with this
           acquisition. Motorola filed a previous protest challenging the agency's award of a
           contract to Harris, maintaining, among other things, that, because Harris did not
           propose a radio that was approved by the Michigan Public Safety Communication

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