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B-422969.2,B-422969.3 Dec 30, 2024 1 (2024-12-30)

handle is hein.gao/gaorjv0001 and id is 1 raw text is: 



  G                 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:   Patriot Group International, Inc.

File:        B-422969.2; B-422969.3

Date:        December  30, 2024

Ryan  C. Bradel, Esq., P. Tyson Marx, Esq., Michael E. Hatch, Esq., Nicholas L. Perry,
Esq., and Brian S. Yu, Esq., Ward & Berry, PLLC, for the protester.
Jason A. Carey, Esq., Jennifer K. Bentley, Esq., Moushmi Patil, Esq., and Catherine K.
Wettach, Esq., Covington & Burling LLP, for PAE Applied Technologies LLC, the
intervenor.
Colonel Nina R. Padalino, Nicholas T. Iliff, Jr., Esq., Beatrice K. Foster, Esq., and
Warner  J. Worthan, Esq., Department of the Air Force, for the agency.
Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest alleging the agency's discussions were misleading and coercive is denied
where the agency addressed  legitimate concerns in the protester's proposal and
provided the protester with an opportunity to respond to those concerns.

2. Protest challenging the agency's evaluation of proposals is denied where the
evaluation was reasonable and in accordance with the terms of the solicitation.

3. Protest alleging that the agency failed to consider multiple performance failures on
the incumbent contract is dismissed as legally insufficient where the solicitation did not
provide for the evaluation of past performance.

4. Protest that the terms of the solicitation are latently ambiguous is dismissed as
untimely where the protester failed to raise its argument within 10 calendar days of
when  it knew, or should have known, of the basis for its protest.

5. Protest that the agency failed to conduct a proper best-value tradeoff analysis is
denied where protester fails to demonstrate that the tradeoff was unreasonable.

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