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B-422707 Jul 30, 2024 1 (2024-07-30)

handle is hein.gao/gaoqoc0001 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
Decision
Matter of: LCE Newport Beach, Inc.
File:     B-422707
Date:     July 30, 2024
Dennis Matthews, for the protester.
Mai Oanh Ho, Esq., Robert J. McCarthy III, Esq., and Erin L. Hernandez, Esq.,
Department of the Navy, for the agency.
Kyle E. Gilbertson, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest challenging the agency's evaluation criteria and set-aside decision are
dismissed as untimely, and the remaining allegations fail to state a legally sufficient
basis of protest.
DECISION
LCE Newport Beach, Inc., of Las Vegas, Nevada, protests the award of contracts to
Data Link Solutions (DLS) and L3Harris (L3), under request for proposals (RFP)
No. N0003924R4000, issued by the Department of the Navy, Naval Information Warfare
Systems Command (Navy), for Multifunctional Information Distribution System (MIDS)
Joint Tactical Radio System (JTRS) terminals and related services. The protester
raises a number of challenges to the terms of the solicitation as well as the agency's
award selection.
We dismiss the protest.
BACKGROUND
On December 14, 2023, the Navy issued the solicitation on an unrestricted basis,
seeking proposals for development, production, sustainment, and systems engineering
and integration of the MIDS JTRS. Req. for Dismissal, exh. 1 (RFP) at 1, 4-6. The
solicitation anticipated award of one or more indefinite-delivery, indefinite-quantity
(IDIQ) contracts. Award would be made on a best-value tradeoff basis, using a two-
step evaluation process. Id. at 81. At the initial step, the agency would evaluate
proposals for compliance with mandatory gate criteria, on an acceptable/unacceptable

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