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B-421097.5 Apr 06, 2023 1 (2023-04-06)

handle is hein.gao/gaoomi0001 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

                                             DOCUMENT   FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Draken International, Inc.

File:        B-421097.5

Date:        April 6, 2023

John E. McCarthy Jr., Esq., and Issac D. Schabes, Esq., Crowell & Moring LLP, for the
protester.
Erika Whelan Retta, Esq., Aaron J. Weaver, Esq., and Christian H. Robertson II, Esq.,
Department  of the Air Force, for the agency.
Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Request for recommendation  that protester be reimbursed the costs of filing and
pursuing its protest is granted where protest was clearly meritorious and the agency
delayed taking corrective action until after record was fully developed.
DECISION

Draken  International, LLC, of Fort Worth, Texas, requests that our Office recommend it
be reimbursed the costs of filing and pursuing its protest challenging the issuance of a
task order to Top Aces Corporation, of Reno, Nevada, under solicitation No.CAF-CAS-
14, issued by the Department of the Air Force for adversary air training services. The
protester challenged the agency's evaluation of proposals and best-value tradeoff
decision.

We  grant the request.

BACKGROUND

On  September 26, 2022, Draken filed its protest against the Air Force's issuance of a
task order to Top Aces Corporation. As relevant to this request, the protester argued in
part that the Air Force unreasonably evaluated proposals under the technical
experience subfactor and conducted a flawed best-value tradeoff.

After development of the protest record, the cognizant GAO attorney conducted an
outcome  prediction alternative dispute resolution (ADR) conference. During that ADR,

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