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B-298522 1 (2006-08-11)

handle is hein.gao/gaocrptasqv0001 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 Washington, DC 20548 Decision Matter of: Ball Aerospace & Technologies Corp. File: B-298522 Date: August 11, 2006 Michael R. Charness, Esq., Amy R. Napier, Esq., Amanda J. Dietrick, Esq., Alexander 0. Levine, Esq., and Suzanne D. Reifman, Esq., Vinson & Elkins LLP, for the protester. Scott M. McCaleb, Esq., Paul F. Khoury, Esq., Nicole J. Owren Wiest, Esq., Daniel P. Graham, Esq., and William J. Colwell, Esq., Wiley Rein & Fielding LLP, for The Boeing Company, the intervenor. Bryan R. O'Boyle, Esq., Department of the Air Force, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest complaining that selection of the awardee's proposal under a procurement in 2001 was the result of the source selection authority's (SSA) bias in favor of the awardee is dismissed as untimely, where (1) protester initially challenged the agency's award decision in a protest filed with GAO in 2001 and withdrew its protest after reviewing the evaluation record, which showed that evaluation ratings had been changed in a way that appeared to favor the awardee; and (2) the SSA publicly admitted in 2004 to being biased in favor of the awardee as result of favors that she had received. The later issuance in 2006 of a report by the Department of Defense Inspector General that confirmed that the SSA's bias extended to the procurement at issue in this protest does not provide an independent basis for a timely protest, where the protester knew or should have known the basis of its protest allegation after the SSA's 2004 admission of bias in favor of the awardee. DECISION Ball Aerospace & Technologies Corp. protests the award of a contract to Boeing Satellite Systems, under request for proposals (RFP) No. F0701-01-R-0500, issued by the Department of the Air Force for the Conical Microwave Imager Sounder (CMIS) sensor design. Ball complains that Boeing's proposal was selected as a result of the bias of Darleen Druyun, the source selection authority (SSA) for this procurement;

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