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B-416970.2 1 (2019-04-04)

handle is hein.gao/gaobadzds0001 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
Decision                                   a GAO Protective Order. This version has been
                                           approved for public release.


Matter of:   Frequentis Defense Inc.

File:        B-416970.2

Date:        April 4, 2019

Gregory Ewing, Esq., CKR Law, for the protester.
Lori A. Lange, Esq., and Nick R. Hoogstraten, Esq., Peckar & Abramson, PC, for Harris
Corporation, the intervenor.
Alexis J. Bernstein, Esq., Joseph Loman, Esq., Heather M. Mandelkehr, Esq.,
Department  of the Air Force, for the agency.
Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest that agency erred in terminating a contract award is denied where the
agency reasonably concluded that the protester's proposal did not meet a material
requirement of the solicitation.

2. Protest alleging that a solicitation contained a latent ambiguity is denied where the
protester's interpretation of the solicitation language is not reasonable and the alleged
ambiguity was apparent from the solicitation.
DECISION

Frequentis Defense, Inc., protests the termination of its award and its subsequent
exclusion from the competition under request for proposals (RFP) FA4452-18-R-0073,
issued by the Department of the Air Force, for command post console systems. The
protester alleges that the agency erred in concluding that the protester's proposal failed
to meet a material requirement of the solicitation, or, in the alternative, that the
solicitation contained a latent ambiguity.

We  deny the protest.

BACKGROUND

On  September 6, 2018, the agency published the RFP seeking to purchase new
command   post consoles at fourteen Air Force bases in the United States and Europe.

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