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B-419775,B-419775.2,B-419775.3 Aug 02, 2021 1 (2021-08-02)

handle is hein.gao/gaolzs0001 and id is 1 raw text is: 1 U.S. GOVERNMENT ACCOUNTABILITY OFFICE G A O A Century of Non-Partisan Fact-Based Work 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 ecere approved for public release. Matter of: Tyonek Engineering and Agile Manufacturing, LLC File: B-419775; B-419775.2; B-419775.3 Date: August 2, 2021 Jeffery M. Chiow, Esq., Lucas T. Hanback, Esq., Stephen L. Bacon, Esq., and Eleanor Ross, Esq., Rogers Joseph O'Donnell, PC, for the protester. Scott M. McCaleb, Esq., Tracye Winfrey Howard, Esq., J. Ryan Frazee, Esq., and Adam Briscoe, Esq., Wiley Rein LLP; and Jade C. Totman, Esq., The Boeing Company, all for The Boeing Company, an intervenor. Wade L. Brown, Esq., and Adam Fontana, Esq., Department of the Army, for the agency. Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of proposed sole-source contract to the incumbent contractor for the production of automated testing equipment is dismissed as untimely where the protest was filed more than 10 days after the agency posted a notice, which did not request responses from other potential sources, stating its intention to enter into the sole-source contract on the basis that the incumbent was the only source able to meet the agency's requirements without unacceptable delays. 2. Supplemental protests challenging the justification and approval in support of the agency's notice of intent to issue a sole-source contract to the incumbent contractor based on only one responsible source capable of meeting agency's requirements for highly specialized equipment without unacceptable delays are found to be without merit. DECISION Tyonek Engineering and Agile Manufacturing, LLC, of Madison, Alabama, protests the intended sole-source award of a contract to The Boeing Company, of St. Louis, Missouri, under sole-source award notice No. W15QKN21 R0083, issued by the Department of the Army, Army Materiel Command, for the supply of Next Generation Automated Test Systems (NGATS). Tyonek contends that the intended sole-source contract award to Boeing is improper and, among other things, is the result of a lack of advance planning on the part of the contracting agency.

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