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B-298626.2 1 (2007-09-27)

handle is hein.gao/gaocrptaubl0001 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: Raytheon Company, Space and Airborne Systems

          File:        B-298626.2, B-298626.3

          Date:        September 27, 2007

          Joseph P. Hornyak, Esq., David S. Black, Esq., Michele Mintz Brown, Esq.,
          Jennifer A. Short, Esq., and Allison V. Feierabend, Esq., Holland & Knight LLP, for
          the protester.
          W. Jay DeVecchio, Esq., Donald B. Verrilli, Jr., Esq., Kevin C. Dwyer, Esq.,
          Darren H. Lubetzky, Esq., and Edward Jackson, Esq., Jenner & Block LLP, for
          L-3 Communications Integrated Systems, an intervenor.
          Brian E. Toland, Esq., and Tina Marie Pixler, Esq., Department of the Army, for the
          agency.
          Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Solicitation reasonably put protester on notice that performance of the
          solicitation's aircraft service ceiling threshold capabilities would be considered in
          evaluation of proposals.

          2. Agency was reasonably concerned with protester's proposed approach to
          performing service ceiling aircraft threshold capabilities in that the approach
          involved protester's application of a new operational mode relying on [deleted].

          3. Agency reasonably evaluated protester's proposal as marginal under the air
          vehicle subfactor, and as creating high performance risk, where protester failed to
          provide data from engine manufacturer addressing the impact of protester's new
          operational mode.

          4. Protester's assertion that awardee's proposal contemplated use of [deleted]
          similar to that of the protester's is without merit where record shows that awardee's
          aircraft was able to perform threshold capabilities without [deleted], that use of
          [deleted] was relied on by awardee to expedite task performance, and that awardee's
          proposed use of [deleted] was consistent with the existing manufacturer
          documentation for the aircraft engines.

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