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B-299766 1 (2007-08-10)

handle is hein.gao/gaocrptaugi0001 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: Lockheed Martin Maritime Systems & Sensors File: B-299766; B-299766.2 Date: August 10, 2007 W. Jay DeVecchio, Esq., Kevin C. Dwyer, Esq., Edward Jackson, Esq., and Daniel E. Chudd, Esq., Jenner & Block LLP, for the protester. David P. Metzger, Esq., Kristen E. Ittig, Esq., Stuart W. Turner, Esq., and Caitlin K. Cloonan, Esq., Arnold & Porter LLP, for Chesapeake Sciences Corporation, an intervenor. Sabrina L. Hay, Esq., Jessica Clark, Esq., Michael J. Glennon, Esq., Andrew Saunders, Esq., and Alex F. Matin, Esq., Department of the Navy, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where solicitation provided for tow-off testing of prototype arrays according to a procedure in which each offeror was explicitly permitted to participate in installation and check-out of its prototype, and then granted a single opportunity to repair any failure of its prototype immediately prior to towed testing, but the agency did not notify the protester that its prototype had already failed before arrival at the testing site, and did not allow the protester to repair its prototype, and as a result, the agency was unable to evaluate significant aspects of the performance of the protester's array. DECISION Lockheed Martin Maritime Systems & Sensors protests the award of a contract to Chesapeake Sciences Corporation by the Department of the Navy, Naval Sea Systems Command (NAVSEA), under request for proposals (RFP) No. N00024-05-R-6259, issued as a follow-on to development contracts awarded under a broad agency announcement to procure production towed-arrays for the TB-34 Next Generation Fat-Line Towed Array program. Lockheed argues that the Navy failed to properly remedy a breach of procurement integrity, did not follow the procedure for testing and evaluating prototype arrays specified in the RFP, and made a defective source selection decision. We sustain the protest.

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