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B-418244,B-418244.2 1 (2020-02-10)

handle is hein.gao/gaobaeaqu0001 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 Decision The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Air Tractor, Inc. File: B-418244; B-418244.2 Date: February 10, 2020 Jonathan D. Shaffer, Esq., Mary Pat Buckenmeyer, Esq., and Todd M. Garland, Esq., Smith Pachter McWhorter PLC, for the protester. James J. McCullough, Esq., Michael J. Anstett, Esq., and Katherine L. St. Romain, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Textron Aviation Defense, LLC, the intervenor. Heather M. Mandelkehr, Esq., Thomas M. Powers, Esq., and John F. Spurlin, Esq., Department of the Air Force, for the agency. Alexander 0. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest arguing that agency's use of a statute permitting the procurement of items for experimental purposes was impermissible due to limitations set forth in a different statute pertaining to prototype projects is dismissed as untimely where the protester waited until its comments on the agency report to raise this argument. 2. Protest arguing that agency's use of a statute permitting the procurement of items for experimental purposes was impermissible under the requirements of that statute is denied where the agency did not abuse its discretion in deciding that the award met applicable statutory requirements. DECISION Air Tractor, Inc., a small business located in Olney, Texas, protests the issuance of request for proposal (RFP) No. FA8637-20-2-0001 by the Department of the Air Force to Textron Aviation Defense, LLC, located in Wichita, Kansas, seeking light attack aircraft for use in the agency's light attack experimentation (LAE) III program. The protester asserts that the agency improperly used its authority under 10 U.S.C. § 2373, Procurement for Experimental Purposes, to issue the RFP to Textron without complying with applicable statutory and regulatory requirements. We dismiss the protest in part and deny the protest in part.

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