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B-411525,B-411525.2 1 (2015-08-14)

handle is hein.gao/gaobadrkw0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Coulson Aviation (USA), Inc. File: B-411525; B-411525.2 Date: August 14, 2015 Jonathan D. Shaffer, Esq., Mary Pat Buckenmeyer, Esq., Smith Pachter McWhorter PLC, for the protester. Lt. Col. Mathew J. Mulbarger, Michael G. McCormack, Esq., and Paul S. Davison, Esq., Department of the Air Force, for the agency. Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that a procurement should be conducted in accordance with the commercial item procedures of Federal Acquisition Regulation part 12 is untimely where the protester failed to file its protest with our Office within 10 days of initial adverse agency action following the protester's agency-level protests on this issue. 2. Protest that solicitation requirements improperly disclosed the protester's proprietary information is denied where the protester fails to provide clear and convincing evidence rebutting the agency's determination that the materials at issue were publicly available or general performance requirements logically developed by the agency. 3. Protest challenging a solicitation provision as unduly restrictive of competition is denied where the agency has articulated reasonable bases for imposing the requirement. DECISION Coulson Aviation (USA), Inc., of Port Alberni, British Columbia, Canada, challenges the terms of request for proposals (RFP) No. FA8504-14-R-31382, issued by the Department of the Air Force, Air Force Material Command, for the design, manufacture, and installation of a 3,500 gallon fire retardant delivery system (RDS) for seven HC-130H Air Force aircraft. Coulson argues that the Air Force improperly misused and disclosed Coulson's proprietary data in the solicitation. In addition, Coulson contends that the RFP's requirements are unduly restrictive of competition,

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