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B-411646.6,B-411646.7 1 (2016-10-17)

handle is hein.gao/gaobadsrc0001 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 been approved for public release. D e c i s i o n - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Cargo Transport Systems Company File: B-411646.6; B-411646.7 Date: October 17, 2016 Lawrence J. Sklute, Esq., and Lana Meller, Esq., Sklute & Associates, for the protester. David C. Hammond, Esq., John E. McCarthy Jr., Esq., Robert J. Sneckenberg, Esq., and Hart W. Wood, Esq., Crowell & Moring, LLC, for KGL Transportation Company, KSCC, the intervenor. Maj Samuel T. Miller and Lt Col Damund E. Williams, Department of the Air Force, for the agency. Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that an agency improperly relied on an initial negative responsibility determination is denied where the record shows that the agency had a reasonable basis for its initial concerns, even though the initial negative determination was reversed after the agency subsequently decided to open discussions--at which point the protester submitted information establishing that it was, in fact, a responsible offeror--and the discussions ultimately resulted in another offeror improving its competitive position by lowering its price and receiving the award. 2. Protest that an agency properly could not open discussions with the protester and the awardee to address responsibility matters is denied where the agency reasonably exercised its discretion to engage in discussions consistent with the solicitation's stated evaluation process and award criteria, and with applicable procurement laws and regulations. 3. Protest of an agency's affirmative responsibility determination is dismissed where the assertion does not constitute the type of allegation that triggers review under GAO's Bid Protest Regulations.

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