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B-416211,B-416211.2,B-416211.3,B-416211.4 1 (2018-07-10)

handle is hein.gao/gaobaduxu0001 and id is 1 raw text is: 



GAO 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
                                              a GAO Protective Order. This redacted version has
Decision                                      been approved for public release.
           D e c is io                       ......................................................................................................................


Matter of:   Raytheon Company

File:        B-416211; B-416211.2; B-416211.3; B-416211.4

Date:        July 10, 2018

Mark D. Colley, Esq., Stuart W. Turner, Esq., Dana E. Koffman, Esq., Amanda J.
Sherwood, Esq., and Nathaniel E. Castellano, Esq., Arnold & Porter Kaye Scholer LLP,
for the protester.
Thomas P. Humphrey, Esq., John E. McCarthy Jr., Esq., Anuj Vohra, Esq., James G.
Peyster, Esq., Robert J. Sneckenberg, Esq., Rosamond Z. Xiang, Esq., and Hart W.
Wood, Esq., Crowell & Moring LLP, for Lockheed Martin Rotary and Mission Systems,
the intervenor.
Jonathan A. Hardage, Esq., and Deborah Muldoon, Esq., Department of the Army, for
the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that the awardee violated the Procurement Integrity Act (PIA) is dismissed
where the protester did not give the required notice to the agency prior to filing its
protest at GAO. Supplemental protest alleging that the agency failed to reasonably
investigate whether the awardee's actions violated the PIA is dismissed where the
argument is based on the same information in the original PIA allegation.

2. Protest that the agency unreasonably and unequally evaluated offerors' technical
proposals is denied where, despite errors in the evaluation, the record does not show
that the protester was prejudiced by such errors.

3. Protest challenging the conduct of discussions with offerors is denied where,
although the agency misled the protester regarding one aspect of its proposal, the
record does not show that the protester was prejudiced by this error.

4. Protest that the source selection authority (SSA) failed to exercise independent
judgment in making the award is denied where the award decision states that the SSA
independently reviewed and concurred with the evaluations of the offerors' proposals
and the award recommendation.

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