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B-412796.2,B-412796.3 1 (2016-09-26)

handle is hein.gao/gaobadsrx0001 and id is 1 raw text is: S G AO Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DCUMENTIFoR-PUBLIC-RELEAsE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Phoenix Air Group, Inc. File: B-412796.2; B-412796.3 Date: September 26, 2016 David R. Warner, Esq., Barbara S. Kinosky, Esq., Marina Burton Blickley, Esq., and Wojciech Z. Kornacki, Esq., Centre Law and Consulting, LLC, for the protester. Daniel R. Weckstein, Esq., Anthony J. Mazzeo, Esq., and Blake R. Christopher, Esq., Vandeventer Black LLP, for Tempus Jets, Inc., the intervenor. Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency misevaluated awardee's proposal under offer acceptability criterion is sustained where agency rationale for evaluating awardee's proposal as acceptable was inconsistent with contemporaneous record. 2. Protest that agency misevaluated proposals is sustained where agency applied unstated evaluation criteria in evaluating protester's proposal. DECISION Phoenix Air Group, Inc., of Cartersville, Georgia, a small business,1 protests the award of a contract to Tempus Jets, Inc., of Williamsburg, Virginia, also a small business, by the Department of the Interior under request for proposals (RFP) No. D1 5PS00481, for commercial electronic warfare aircraft services for the Department of the Navy, Naval Sea Systems Command, in various locations.2 Phoenix argues that Interior misevaluated both firms' proposals, unreasonably failed to hold discussions, and made an unreasonable source selection decision. 1 We describe Phoenix as small based on the representation in its proposal that the firm is a veteran-owned small business. 2 The RFP lists Bath and Portland, Maine; Norfolk and Wallops Island, Virginia; Jacksonville and Pensacola, Florida; Pascagoula, Mississippi; and Port Hueneme, California, and states that other locations will be designated during performance.

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