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B-416989 1 (2018-11-01)

handle is hein.gao/gaobadvfq0001 and id is 1 raw text is: 



GAO 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
Decision                                    .approved for public release.



Matter of: CDO Technologies, Inc.

File:        B-416989

Date:     November 1,2018

Katherine S. Nucci, Esq., and Scott F. Lane, Esq., Thompson Coburn LLP, and Tara
L. Ward, Esq., and William A. Roberts III, Esq., Wiley Rein LLP, for the protester.
Lieutenant Colonel Kevin P. Stiens, Michelle Gregory, Esq., and Alexis J. Bernstein,
Esq., Department of the Air Force, 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 the agency's price realism and technical risk evaluation is dismissed
as untimely where the protester waited until more than a month after the close of its
debriefing to receive confirming information to support its allegations which were
knowable or should have been knowable at the time the protester received its
debriefing.
DECISION

CDO Technologies, Inc., a small business, of Dayton, Ohio, protests the award of a task
order to Atlantic CommTech Corporation (ACT), a small business, of Norfolk, Virginia,
under Fair Opportunity Proposal Request (FOPR) No. FA4890-18-R-001 1, which was
issued by the Department of the Air Force, for communications engineering and
installation (E&I) program support for the U.S. Air Force Central Command
(USAFCENT). CDO alleges that the agency conducted an unreasonable price realism
evaluation of ACT's proposal and failed to adequately assess the performance risk
associated with ACT's unrealistic proposed price.
We dismiss the protest because it is untimely where it was filed more than 10 days after
CDO knew or reasonably should have known the bases for its protest.

BACKGROUND

On March 30, 2018, the Air Force issued the FOPR in accordance with Federal
Acquisition Regulation (FAR) § 16.505 procedures under the NETCENTS-2 Small

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