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B-412746 1 (2016-05-18)

handle is hein.gao/gaobadsgc0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * 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 version has been
         Decision                                    _approved_ forpublicrelease


         Matter of:   Palantir USG, Inc.

         File:        B-412746

         Date:        May 18, 2016

         David E. Fletcher, Esq., Christopher J. Kimball, Esq., Erin M. Estevez, Esq., and
         Thomas 0. Mason, Esq., Cooley LLP, for the protester.
         Debra J. Talley, Esq., and David White, Esq., Department of the Army, for the
         agency.
         K. Nicole Willems, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that agency failed to implement the statutory and regulatory preference for
         the acquisition of commercial items, resulting in a solicitation that unduly restricts
         competition by offerors of commercial items that could partially meet the
         requirements of the solicitation, is denied where the agency conducted adequate
         market research into the use of commercial items and had a reasonable basis for its
         acquisition approach.
         DECISION

         Palantir USG, Inc., located in Palo Alto California, challenges the terms of request
         for proposals (RFP) No. W56KGY-1 6-R-0001, issued by the Department of the
         Army, Army Contracting Command, Aberdeen Proving Ground, for engineering,
         manufacturing, and development services in support of the Army's Distributed
         Common Ground System-Army Increment 2 (DCGS-A2) requirement. Palantir
         argues that the agency failed to implement the statutory and regulatory preference
         for the acquisition of commercial items, resulting in a solicitation that unduly restricts
         competition.

         We deny the protest.

         BACKGROUND

         On December 23, 2015, the agency issued the RFP, in accordance with Federal
         Acquisition Regulation (FAR) part 15 procedures. RFP at 1-2. The RFP

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