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B-417616.2,B-417616.3,B-417616.4 1 (2020-03-31)

handle is hein.gao/gaobaeavw0001 and id is 1 raw text is: 



GAiO 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.


Matter of:   General Dynamics  Information Technology, Inc.

File:     B-417616.2; B-417616.3; B-417616.4

Date:     March 31,   2020

Michael F. Mason, Esq., Stacy M. Hadeka, Esq., Christine A. Reynolds, Esq., and
Adilene Rosales, Esq., Hogan Lovells US LLP; and Noah B. Bleicher, Esq., Carla J.
Weiss, Esq., Marc A. Van Allen, Esq., and Lindsay C. Harrison, Esq., Jenner & Block
LLP, for the protester.
James  J. McCullough, Esq., Michael J. Anstett, Esq., and Katherine L. St. Romain,
Esq., Fried, Frank, Harris, Shriver & Jacobson LLP; and J. Scott Hommer, III, Esq.,
Rebecca  E. Pearson, Esq., Emily A. Unnasch, Esq., Christopher G. Griesedieck, Esq.,
and Taylor A. Hillman, Esq., Venable LLP, for Leidos, Inc., the intervenor.
Colleen A. Eagan, Esq., and Anthony J. Balestreri, Esq., Defense Information Systems
Agency, for the agency.
Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Supplemental protest alleging that agency failed to investigate whether awardee
gained an unfair competitive advantage through awardee's retention of a former agency
official is dismissed as untimely where it was not filed within 10 days of when protester
knew  or should have known of its basis of protest.

2. Protest that the agency engaged in misleading discussions which led the protester to
increase its proposed direct labor rates is denied where the protester's contention is not
supported by the record, and where the protester made its own independent business
judgment regarding how to respond to the agency's identified concern.

3. Protest that agency's price realism evaluation of the awardee's proposal was
inadequate is denied where the record shows that the agency conducted its price
realism analysis using applicable price analysis techniques, and with results that were
reasonable and consistent with the terms of the solicitation.

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