About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-420953,B-420953.2 Nov 21, 2022 1 (2022-11-21)

handle is hein.gao/gaonyd0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision                              DOCUMENT FOR PUBLIC RELEASE
Matter of:  MP Solutions, LLC        The decision issued on the date below was subject to
a GAO Protective Order. This version has been
File:     B-420953; B-420953.2       approved for public release.
Date:     November 21, 2022
Ron R. Hutchinson, Esq., Doyle & Bachman LLP, for the protester.
David Z. Bodenhemier, Esq., and Madison Plummer, Esq., Nichols Liu LLP, for nTSI,
LLC, the intervenor.
Captain Paula F. Barr, Missile Defense Agency, for the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest filed while questions were pending in a pre-award debriefing from a
Department of Defense agency is not premature because the Department's enhanced
debriefing procedures apply only to post-award debriefings.
2. Protest challenging the agency's evaluation of proposal and exclusion from the
competitive range is denied because the allegations reflect the protester's disagreement
with the agency's evaluation judgments, which the record reflects were reasonable and
consistent with the solicitation.
3. Protest alleging first instance of improper disclosure of source selection information
is denied because the agency conducted a reasonable investigation and concluded that
no disclosure occurred. Protest alleging second instance of improper disclosure of
source selection information is dismissed as untimely where the issue was raised more
than ten days after the protester knew or should have known the basis of its protest.
DECISION
MP Solutions, LLC, a small business of Alexandria, Virginia, protests its exclusion from
the competitive range under request for proposals (RFP) No. HQ0858-22-R-0003,
issued by the Missile Defense Agency for specialized engineering analysis services.
The protester challenges the evaluation of its proposal under multiple non-price factors.
Additionally, the protester alleges two instances of agency disclosure of source
selection information in violation of the procurement integrity provisions of the Office of
Federal Procurement Policy Act, 41 U.S.C. §§ 2101-2107, known as the Procurement
Integrity Act (PIA), and contends that the disclosures provided another offeror (nTSI
LLC, the intervenor) an unfair competitive advantage.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most