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B-295209 1 (2004-11-22)

handle is hein.gao/gaocrptappx0001 and id is 1 raw text is: 




A         G    A    O                                                  Comptroller General
.       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office      DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: New SI, LLC

          File:        B-295209; B-295209.2; B-295209.3

          Date:        November 22, 2004

          W. Jay DeVecchio, Esq., and Lisanne E. S. Cottington, Esq., Miller & Chevalier, for
          the protester.
          David R. Hazelton, Esq., Edward J. Shapiro, Esq., Tammi D. Walker, Esq., and
          Gregory A. Harris, Esq., Latham & Watkins, for Orbimage, Inc., an intervenor.
          Howard Phifer, Esq., and William R. Medsger, Esq., National Geospatial-Intelligence
          Agency, 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

          Absent clear indication from agency that scheduled debriefing session was
          considered to be extended pending agency's response to questions that protester
          might pose following the session, the debriefing is presumed to have ended at the
          conclusion of the session; protester's posing questions to agency after the session
          concluded therefore did not extend time for filing a bid protest, and protest filed
          more than 10 days after the session thus is dismissed as untimely.
          DECISION

          New SI, LLC protests the National Geospatial-Intelligence Agency's (NGA) award of
          a contract to Orbimage, Inc., under request for proposals (RFP) No. HM1573-04-R-
          0002, for NextView commercial satellite imagery services. New SI challenges the
          agency's evaluation of its proposal.

          We dismiss the protest.

          On September 30, 2004, New SI was notified of the award to Orbimage. Later that
          day, New SI submitted a written request to the agency for a debriefing. NGA
          provided a debriefing on October 6, during which New SI was advised of the
          agency's evaluation process, the ratings and scores on the factor and subfactor level
          for New SI's proposal, and the weaknesses, strengths and risk assessments for New
          SI's proposal. In addition, the agency answered a number of questions asked by New
          SI. The next day, October 7, New SI submitted written questions to the agency. The

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