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B-415138 1 (2017-11-21)

handle is hein.gao/gaobaduah0001 and id is 1 raw text is: G A O U.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: NewSat North America, LLC File: B-415138 Date: November 21, 2017 Gregory R. Hallmark, Esq., Elizabeth N. Jochum, Esq., Holland & Knight LLP, for the protester. Wade L. Brown, Esq., Department of the Army, for the agency. Robert T. Wu, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an alleged defect in a solicitation that became apparent after the solicitation's closing time is dismissed as untimely where the protester did not challenge the alleged defect within 10 days of the defect becoming apparent. DECISION NewSat North America, LLC, of Indialantic, Florida, protests the terms of request for proposals (RFP) No. W25G1V-17-R-0003 issued by the Department of the Army, U.S. Army Materiel Command for construction of a Radome equipment shelter. 1 NewSat contends that the Army violated procurement regulations by failing to include in the solicitation language required by Army Federal Acquisition Regulation Supplement (AFARS) section 5132.702(a)(ii)(B), despite funds not being available for the procurement. The agency requests that we dismiss the protest because the protester acknowledges the agency acted reasonably in cancelling the solicitation, and that NewSat knew when the solicitation was issued that funding availability was an issue. We dismiss the protest. 1 As described by the agency, a radome is a dome-like structure designed to protect radar equipment, such as an antenna, from electromagnetic radar or radio signals and from the weather, so that the equipment can be repaired and tested. Memorandum of Law (MOL) at 1-2.

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