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B-415544 1 (2018-01-16)

handle is hein.gao/gaobadufm0001 and id is 1 raw text is: GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been Decisionapproved for public release. ap p ro v ed..............................for ..............pu b lic........................release.......................... Matter of: Persistent Systems, LLC File: B-415544 Date: January 16, 2018 Christian F. Henel, Esq., and Gunjan R. Talati, Esq., Kilpatrick Townsend & Stockton LLP, for the protester. Captain Matthew R. Wilson, and Jason A. Barocas, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging a solicitation provision as being unduly restrictive of competition is denied where the agency articulated a reasonable basis for the requirement relating to the safety of military personnel and national defense. DECISION Persistent Systems, LLC, of New York, New York, protests the terms of request for proposals (RFP) No. W1 5P7T-1 7-0003, issued by the Department of the Army, U.S. Army Materiel Command, for the production of 2-channel, handheld dismounted and mounted leader radios. Persistent Systems challenges several of the solicitation's requirements as being unduly restrictive of competition, and argues that the Army otherwise failed to follow the requirements of Federal Acquisition Regulation (FAR) part 11 when establishing the agency's requirements. We deny the protest. BACKGROUND The RFP, which was issued on September 7, 2017, and subsequently amended four times, seeks proposals for the production of 2-channel, handheld dismounted and mounted leader radios. The RFP provides as follows: The Leader Radio is a 2-channel handheld and mounted radio to be used at the Team, Squad, and Platoon leader's level to provide the capability

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