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B-410448 1 (2014-12-24)

handle is hein.gao/gaobadqzq0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * 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                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Engineering Support Personnel, Inc.

         File:        B-410448

         Date:        December 24, 2014
         Kenneth B. Weckstein, Esq., Brown Rudnick LLP, for the protester.
         Duncan Butts, Esq., Naval Air Systems Command, for the agency.
         Gary R. Allen, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest based on an alleged violation of the Procurement Integrity Act is denied
         where the protester has not demonstrated that the agency's actions violated any
         law or regulation, and has not shown any competitive prejudice stemming from the
         agency's disclosure of information.
         DECISION

         Engineering Support Personnel, Inc. (ESP), of Orlando, Florida, protests the terms
         of task order request for proposals (RFP) No. N61340-14-R-0027, issued by the
         Department of the Navy, for contractor operation and maintenance services
         (COMS) for fire-fighter and damage-control trainers at numerous locations
         throughout the United States.' RFP, Addendum A, Statement of Work (SOW), at 1.
         ESP, which is performing COMS support at some of the locations, alleges that the
         agency violated the Office of Federal Procurement Policy Act, as amended,
         41 U.S.C. §§ 2101-2107 (2011), commonly known as the Procurement Integrity Act
         (PIA), by disclosing certain information that allegedly is proprietary to ESP.2 Protest
         at 8-15.


         1 The RFP lists the following locations: (1) Mayport, Florida; (2) Norfolk, Virginia;
         (3) Pearl Harbor, Hawaii; (4) San Diego, California; (5) Newport, Rhode Island, and
         (6) two separate locations at the Great Lakes, Illinois. RFP, SOW, at 1.
         2 The agency argues that our Office does not have jurisdiction to consider a protest
         alleging a PIA violation in the terms of a solicitation. Agency Reply to Protester's
         Response to Motion to Dismiss at 10; AR at 12. According to the agency, the PIA
                                                                            (continued...)

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