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B-310372.4 1 (2008-05-02)

handle is hein.gao/gaocrptavwv0001 and id is 1 raw text is: 




        G     A A                                                   Comptroller General
                                                                     of the United States
United States Government Accountability Office
Washington, DC20548



         Decision


         Matter of: Pemco Aeroplex, Inc.

         File:       B-310372.4

         Date:       May 2, 2008

         David R. Hazelton, Esq., Roger S. Goldman, Esq., Kyle Jefcoat, Esq., Benjamin Wei,
         Esq., and Andrew Stein, Esq., Latham & Watkins LLP, for the protester.
         Brent G. Curtis, Esq., and Kenneth C. Kitzmiller, Esq., Department of the Air Force,
         for the agency.
         Rand L. Allen, Esq., Paul F. Khoury, Esq., Scott M. McCaleb, Esq., Kara M. Sacilotto,
         Esq., William J. Grimaldi, Esq., and Nicole P. Wishart, Esq., Wiley Rein, LLP, for The
         Beoing Company, an intervenor.
         Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest that the agency's actual requirements have materially changed from those
         stated in a solicitation under which a competition was recently conducted is
         dismissed where agency representative responsible for translating operational
         requirements into contractual requirements has submitted declaration stating that
         the agency has not yet made any determination regarding potential changes to the
         contract requirements.
         DECISION

         Pemco Aeroplex, Inc.,' protests the terms of solicitation No. FA8105-05-R-0014,
         under which a contract was awarded to Boeing Aerospace Operations to perform
         programmed depot maintenance (PDM) for KC-135 aircraft. Pemco asserts that
         recent developments indicate that the Department of the Air Force's actual
         requirements regarding PDM for KC-135 aircraft are materially different than the
         terms of the solicitation under which the offerors recently competed, and maintains


         'We understand that Pemco is now doing business as Alabama Aircraft
         Industries, Inc. Since the protester refers to itself as Pemco, our decision does
         the same.

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