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B-261959.3 1 (1996-01-23)

handle is hein.gao/gaocrptadrl0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision REDACTED DECISION A poteteddeisin ws isud o th dae elow and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Raytheon Company File: B-261959.3 Date: January 23, 1996 Kenneth S. Kramer, Esq., James S. Kennell, Esq., Anne B. Perry, Esq., and Catherine E. Pollack, Esq., Fried, Frank, Harris, Shriver, & Jacobson, for the protester. Mark D. Colley, Esq., David P. Metzger, Esq., Steven D. Gordon, Esq., Bruce E. Kasold, Esq., Craig A. Holman, Esq., and Dorn C. McGrath, Esq., Holland & Knight, for Hughes Missile Systems Company, an interested party. Shauna D. Russell, Esq., and Timothy Hickey, Esq., Department of the Navy, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that, given agency's establishment of an evaluation Steering Committee composed of representatives from NATO member nations, agency was required to secure waiver of statutory requirement that contracts be awarded only by the head of the agency or his delegate--not foreign citizens--is denied where there is no basis in the record to conclude that participation by foreign members of the Steering Committee in the evaluation process resulted in an abdication of source selection authority to the Steering Committee. 2. Where, in response to an agency question attempting to clarify a proposal's offer of technical data rights, offeror proposes a material revision to its proposal, and agency accepts and proceeds to evaluate the proposal on the basis of the response, agency has engaged in discussions such that it must hold discussions with the other competitive range offeror and allow both offerors to submit best and final offers. DECISION Raytheon Electronic Systems Division, through its parent, Raytheon Company, protests the award of a contract to Hughes Missile Systems Company under request for proposals (RFP) No. N00024-95-R-5400, issued by the Naval Sea Systems Command, Department of the Navy. The RFP was issued to procure engineering and manufacturing development of the Evolved Seasparrow Missile. Raytheon 10626

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