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B-416339,B-416339.2 1 (2018-08-10)

handle is hein.gao/gaobadvcj0001 and id is 1 raw text is: 



GO 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:   Arktis Detection Systems, Inc.

File:        B-416339; B-416339.2

Date:        August 10, 2018

Paul F. Khoury, Esq., Kendra P. Norwood, Esq., and Lindy C. Bathurst, Esq., Wiley
Rein LLP, for the protester.
Andrew J. Baker, Esq., and Justin V. Briones, Esq., Department of Homeland Security,
for the agency.
Stephanie B. Magnell, Esq., Amy B. Pereira, Esq., and Peter H. Tran, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's exclusion of protester's proposal is dismissed, where
the record shows that protester abandoned its initial protest allegation, and a similar--
but materially-different--protest ground was untimely filed.

2. Protest that the agency's test evaluations were flawed is denied, where the agency
admits the error but the record shows that the protester suffered no prejudice.
DECISION

Arktis Detection Systems, Inc. (Arktis), of Arlington, Virginia, protests the exclusion of its
proposal from the competitive range for request for proposals (RFP) No. HSHQDN-1 7-
R-0002, which was issued by the Department of Homeland Security (DHS), Customs
and Border Protection, for replacement radiation portal monitors to provide passive
security at U.S. ports of entry. The protester alleges that, during the testing phase of
the evaluation, the agency misevaluated its proposed monitoring system in several of
the tests and that, without these errors, it would have been included in the competitive
range.

We dismiss the protest in part and deny the protest in part.

BACKGROUND

On January 19, 2017, DHS released the solicitation for replacement radiation portal
monitors used to detect radiological and nuclear threats at U.S. sea- and land-based

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