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B-416859.2,B-416859.3 1 (2019-01-08)

handle is hein.gao/gaobadvkd0001 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Miltope File: B-416859.2; B-416859.3 Date: January 8, 2019 Howard J. Stanislawski, Esq., and Patrick K. O'Keefe, Esq., Sidley Austin LLP, for the protester. W. Jay DeVecchio, Esq., Kevin P. Mullen, Esq., Rachael K. Plymale, Esq., and Caitlin A. Crujido, Esq., Morrison & Foerster LLP, for Leonardo DRS, the intervenor. Jonathan A. Hardage, Esq., and Jered J. Leo, Esq., Department of the Army, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. An agency's assertion that the protester's challenge to its exclusion from the competitive range is untimely is unavailing where the protester's contention is that the agency failed to test the protester's sample in accordance with the solicitation, and the record shows that the protester could not have known its basis for protest, despite its receipt of a pre-award debriefing, prior to return of the sample to the protester, which did not occur until after contract award. 2. Protester's contention that the agency improperly changed the display resolution setting prior to testing the protester's sample is denied where the record does not establish that the agency changed the setting. DECISION Miltope, of Hope Hull, Alabama, protests its exclusion from the competitive range and subsequent award of a contract to Leonardo DRS, of Arlington, Virginia, under request for proposals (RFP) No. W1 5QKN-1 8-R-0037, issued by the Department of the Army, for multipurpose standard automatic test equipment. The protester contends that the agency altered the settings on its sample prior to testing, contrary to the solicitation's evaluation criteria, resulting in its lower test score and elimination from the competition. The protester also argues the agency's testing was inaccurate and unreliable. We deny the protest.

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