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B-400736.2 1 (2009-01-15)

handle is hein.gao/gaobadato0001 and id is 1 raw text is: li AL A , G A O Comptroller General Accuntabiity * 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. D e c is io n ........................................................... Matter of: Herley Industries, Inc. File: B-400736.2 Date: January 15, 2009 Brian A. Bannon, Esq., Andrew W. Dyer, Esq., and Brian S. Gocial, Esq., Blank Rome LLP, for the protester. Richard Sauber, Esq., and Deneen J. Melander, Esq., Robbins Russell Englert Orseck Untereiner & Sauber LLP, for Amherst Systems, Inc., the intervenor. Marvin D. Rampey, Esq., and Angela J. Cosentino, Esq., Naval Sea Systems Command, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to consider past performance of an affiliated subsidiary company is denied where the record shows that, even if considered, the past performance information offered was incomplete, and the agency's past performance rating of neutral was therefore reasonable. DECISION Herley Industries, Inc., of Lancaster, Pennsylvania, on behalf of its wholly-owned subsidiary Micro Systems, Inc. (MSI), of Fort Walton Beach, Florida, protests the award of a contract to Amherst Systems, Inc., of Buffalo, New York, under request for proposals (RFP) No. N00164-08-R-WMO1, issued by the Department of the Navy, Naval Sea Systems Command (NAVSEA), Maritime Electronic Warfare Division (MEWD), for a multi-spectral simulator (MSS) system.' Herley asserts that the Navy 'The RFP requires the development and delivery of an MSS system, along with installation and maintenance. The MSS system in this procurement includes a fixed radio frequency (RF) stimulation subsystem, a portable RF stimulation subsystem, an infrared (IR) simulation subsystem, a synchronization and control subsystem, and a signal management subsystem. RFP at 15.

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