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B-401224 1 (2009-05-26)

handle is hein.gao/gaobadixh0001 and id is 1 raw text is: 


   AL

 G              A     0                                                 Comptroller General
.   L   ,Accountabii1ty * 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 i s i o n                          ......................................................................................................................


           Matter of: Wartsila Defense, Inc.

           File:        B-401224

           Date:        May 26, 2009

           Daniel Weckstein, Esq., William M. Dozier, Esq., and Gretchen M. Baker, Esq.,
           Vandeventer Black LLP, for the protester.
           Scott E. Pickens, Esq., and Richard H. Streeter, Esq., Barnes & Thornburg LLP, for
           the intervenor.
           Bryan H. Wood, Esq., and Robert Swennes, Esq., Office of Naval Research, for the
           agency.
           Eric M. Ransom, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that agency improperly rejected protester's fixed-price proposal in research
           and development procurement is denied where the record shows that the agency
           reasonably determined that award of a cost-type contract was required.
           DECISION

           Wartsila Defense, Inc., of Helsinki, Finland, protests the Department of the Navy's
           decision not to award it a phase two research and development contract under
           Broad Agency Announcement (BAA) No. BAA06-011, for the development of a
           Compact High Power Density Waterjet.

           We deny the protest.

           The BAA contemplated a two-phase award process for the development and testing
           of a prototype waterjet to eventually be utilized in advanced Navy ships. For phase
           one, the solicitation required offerors to propose pump design, model fabrication,
           and a large-scale demonstration plan. Phase two required large-scale at-sea
           demonstrations and testing. The solicitation stated that it is anticipated that ONR
           [Office of Naval Research] will award one or more Cost type contracts for this
           effort. BAA at 7.

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