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B-420799 Sep 06, 2022 1 (2022-09-06)

handle is hein.gao/gaonoc0001 and id is 1 raw text is: 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 redacted version has been approved for public release. Matter of: Selex ES, Inc. File: B-420799 Date: September 6, 2022 Sharon L. Larkin, Esq., and James M. Larkin, Esq., The Larkin Law Group LLP, for the protester. Dana B. Pashkoff, Esq., and Jessica C. Abrahams, Esq., Faegre Drinker Biddle & Reath LLP, for Thales USA Inc., Airspace Mobility Solutions, the intervenor. Erika Whelan Retta, Esq., Josephine Farinelli, Esq., and Isabelle P. Cutting, Esq., Department of the Air Force, for the agency. Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of a solicitation is sustained where the solicitation contains an ambiguity regarding when certain requirements must be met in order for proposals to be found technically acceptable. DECISION Selex ES, Inc., of Overland Park, Kansas, challenges the terms of a solicitation under request for proposals (RFP) No. FA8102-22-R-0003, issued by the Department of the Air Force for development of a portable tactical air navigation system. The protester argues that the terms of the solicitation are unduly restrictive of competition because they can be reasonably interpreted as requiring offerors to meet the navigation system's flight check qualification and readiness level requirements at the time of proposal submission, rather than after award during performance of the contract. We sustain the protest. BACKGROUND The RFP, issued on May 3, 2022, pursuant to the procedures of the Federal Acquisition Regulation (FAR) part 15, seeks proposals for the replacement of a man-portable tactical air navigation system (MP TACAN). Agency Report (AR), Tab 52, RFP at 1,

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