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B-414902,B-414902.2,B-414902.3 1 (2017-10-16)

handle is hein.gao/gaobadtxw0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States

                                                     DOCUMENT FOR PUBLIC RELEASE
                                                   The decision issued on the date below was subject to
Decision                                           a GAO Protective Order. This redacted version has
                                                   been approved for public release.

Matter of:   L3 Unidyne, Inc.

File:     B-414902; B-414902.2; B-414902.3

Date:     October 16, 2017

Craig A. Holman, Esq., Kara L. Daniels, Esq., Stuart W. Turner, Esq., Michael E.
Samuels, Esq., and Amanda J. Sherwood, Esq., Arnold & Porter Kaye Scholer LLP, for
the protester.
Devon E. Hewitt, Esq., and Michael E. Stamp, Esq., Protorae Law PLLC, for Leidos,
Inc., an intervenor.
Richard C. Dale, Esq., and Emilia Muche Thompson, Esq., Department of the Navy, 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

1. Protest alleging that agency improperly made award to concern that required
execution of binding arbitration agreements as a condition of employment for
prospective new hires is sustained where statute prohibits award of a contract to any
firm requiring certain types of arbitration agreements as a condition of employment;
awardee conditioned employment of prospective new hires on execution of an
arbitration agreement; and agency never considered whether or not the required
arbitration agreements violated the statutory prohibition.

2. Protest challenging agency's evaluation of proposals is sustained where record
shows that agency's evaluation was not consistent with the terms of the solicitation and
applicable statutes and regulations.
DECISION

L3 Unidyne, Inc., of Norfolk, Virginia, protests the issuance of a task order to Leidos,
Inc., of Reston, Virginia, under request for proposals (RFP) No. N66604-17-R-3047,
issued by the Department of the Navy for operation of the agency's towed array facility.
L3 maintains that the agency misevaluated proposals, unreasonably failed to engage in
discussions, and made an unreasonable source selection decision.


We sustain the protest.

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