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B-402326 1 (2010-03-15)

handle is hein.gao/gaobadbhf0001 and id is 1 raw text is: 


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         G    A   O                                                    Comptroller General
      Acc untabiity * 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:  DynaLantic Corporation

         File:        B-402326

         Date:        March  15, 2010

         Jason A. Carey, Esq., and Matthew T. Crosby, Esq., McKenna Long & Aldridge LLP,
         for the protester.
         Hilary S. Cairnie, Esq., Baker Hostetler, for Fidelity Technologies Corporation, an
         intervenor.
         Debra J. Talley, Esq., and Harlan Gottlieb, Esq., Department of the Army, and John
         W. Klein, Esq., and Kenneth Dodds, Esq, Small Business Administration, for the
         agencies.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Small Business Administration (SBA) decision finding that awardee is a small
         business concern and a manufacturer for purposes of its status as a small business
         under the protested procurement is binding on GAO because the SBA has conclusive
         authority to determine small business size status for federal procurements.

         2. Protest that awardee's proposal would not comply with the solicitation's
         limitation on subcontracting is denied where the proposal did not show that the
         awardee took exception to the requirement.

         3. Agency's evaluation of the protester's and the awardee's technical proposals was
         reasonable and supported the conclusion that the awardee's proposal was
         technically superior to the protester's.

         DECISION

         DynaLantic Corporation of Sayville, New York protests the award of a contract to
         Fidelity Technologies Corporation of Reading, Pennsylvania, under request for
         proposals (RFP) No. W900KK-09-R-0042,  issued by the United States Army, Program
         Executive Office for Simulation, Training, and Instrumentation, for an MI-17 CT
         (counter terrorism) flight training device (FTD) simulator.

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