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B-259823.4 1 (1995-07-03)

handle is hein.gao/gaocrptabzq0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of: Martin Marietta Corporation

File:        B-259823.4

Date:        July 3, 1995

Thomas J. Madden, Esq., Jerome S. Gabig, Jr., Esq., and Charles R. Marvin, Jr., Esq.,
Venable, Baetjer, Howard & Civiletti, for the protester.
Rand L. Allen, Esq., James J. Gildea, Esq., Phillip H. Harrington, Esq., David A.
Vogel, Esq., and Paul A. Misener, Esq., Wiley, Rein & Fielding, for Westinghouse
Electric Corporation, an interested party.
Wayne Wenzel, Esq., Shauna D. Russell, Esq., and Diane K. Townsend, Esq., Naval
Sea Systems Command, for the agency.
David A. Ashen, Esq. and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest against agency determination that proposed sonar system is compliant
with specification requirement for 360-degree coverage is denied where it appears
from record that, although a matter of some uncertainty and considerable technical
dispute, 360-degree coverage is at least theoretically possible and protester offers no
conclusive evidence to the contrary.

2. Protest that agency improperly failed to disclose vital information concerning
acceptability of glass reinforced plastic (fiberglass) sonar dome proposed by
protester in prior stage of development process and proposed again in current stage
is denied where record does not establish that agency possessed superior, vital
knowledge concerning fundamental acceptability of fiberglass dome prior to receipt
of proposals for current stage; agency did not view fiberglass dome as unacceptable
until after receipt of proposals, protester was aware that fiberglass is an inferior
material for sonar domes, and protester knew or should have known of need to
maximize sonar effectiveness.
DECISION

Martin Marietta Corporation (MMC) protests the Naval Sea Systems Command's
(NAVSEA) exercise of a competitive, down-select option under Westinghouse
Electric Corporation (WEC) contract No. N00024-92-C-6223, for the demonstration
and validation (D&V) phase for the United States/United Kingdom Joint Cooperative


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