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B-402339.3 1 (2010-07-23)

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A     -   G     A   O                                                    Comptroller General
fuu 7in LAccountabiity * 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:   Sig Sauer, Inc.

           File:        B-402339.3

           Date:       July 23, 2010

           Lee P. Curtis, Esq., Troy E. Hughes, Esq., and Maggie L.C. Greenlee, Esq., Perkins
           Coie LLP, for the protester.
           Dorn C. McGrath III, Esq., and William M. Jack, Esq., Greenberg Traurig, LLP, for
           Smith & Wesson  Corp., and John F. Renzulli, Esq., and Michael R. Patrick, Esq.,
           Renzulli Law Firm, LLP, for Glock, Inc., the intervenors.
           Ralph G. Bittelari, Esq., and Nathan E. Mires, Esq., Department of Justice, Bureau of
           Alcohol, Tobacco, Firearms and Explosives, for the agency.
           Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           In a negotiated procurement for a handgun system that provided for a three-phased
           evaluation, the rejection of the protester's proposal after phase II was
           unobjectionable where the agency reasonably assessed the protester's handgun to be
           unsatisfactory following live-fire testing and did not treat offerors unequally in
           conducting the testing.
           DECISION

           Sig Sauer, Inc., of Exeter, New Hampshire, protests the rejection of its proposal
           under request for proposals (RFP) No. DJAO9SO00028, issued by the Bureau of
           Alcohol, Tobacco, Firearms and Explosives (ATF), for semi-automatic handguns.

           We deny the protest.

           BACKGROUND

           ATF, a principal law enforcement agency within the Department of Justice, seeks to
           replace its current metal-frame handguns with a new .40 caliber, polymer-frame

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