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B-401387 1 (2009-08-06)

handle is hein.gao/gaobadayl0001 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: Argon ST, Inc. File: B-401387 Date: August 6, 2009 Marcia G. Madsen, Esq., and David F. Dowd, Esq., Mayer Brown LLP, for the protester. William A. Roberts III, Esq., Richard B. O'Keeffe, Jr., Esq., and Jon W. Burd, Esq., Wiley Rein, LLP, for Global Technology Systems, an intervenor. Alex F. Marin, Esq., and Michael B. Hedrick, Esq., Naval Sea Systems Command, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly found proposal unacceptable is denied where record shows that proposal never demonstrated--initially, during discussions, or in final proposal revision--compliance with material solicitation requirement. 2. Protest that agency misled protester during discussions is denied where there was no reasonable basis for protester to assume, based on agency's silence in subsequent discussions, that its proposal was acceptable or that it should submit information in a manner inconsistent with express requirements of solicitation. DECISION Argon ST, Inc., of Fairfax, Virginia, protests the award of a contract to Global Technology Systems (GTS), of Virginia Beach, Virginia, under request for proposals (RFP) No. N00024-08-R-52 10, issued by the Department of the Navy for a common processing system (CPS). Argon alleges that the agency improperly found its proposal unacceptable and failed to engage in adequate discussions. 1 Initially, Argon also challenged the agency's evaluation of GTS's proposal, maintaining that the Navy unequally evaluated the proposals. Letter of Protest, May 11, 2009, at 22-23. However, since Argon failed to provide a factual basis for this assertion, it did not constitute a valid basis of protest.

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