Beretta USA Corporation V. B-406376.2,B-406376.3

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B-406376.2,B-406376.3 1 (2013-07-12)

handle is hein.gao/gaobadprz0001 and id is 1 raw text is:

G A Comptroller General
ity * Integrity * Rellability of the United States
United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548 The decision issued on the date below was subject to
a GAO Protective Order. This redacted version has
been approved for public release.
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Decision

Matter of: Beretta USA Corporation

File: B-406376.2; B-406376.3

Date: July 12, 2013

Joseph D. West, Esq., Lindsay M. Paulin, Esq., and Owen E. Whitehurst, Esq.,
Gibson, Dunn & Crutcher LLP, for the protester.
Holly Emrick Svetz, Esq., James K. Kearney, Esq., James Patrick Scholtes, Esq.,
and Steven W. Cave, Esq., Womble Carlyle Sandridge & Rice LLP, for Remington
Arms Company, Inc., the intervenor.
Capt. Bertha A. Diaz and Maj. Troy D. Hammon, Department of the Air Force, for the
agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest challenging contracting agency's evaluation of protester's proposal and its
exclusion from the competitive range is denied where the evaluation was reasonable
and consistent with the solicitation's evaluation criteria, and where the agency
reasonably determined the proposal was not among the most highly rated proposals.
DECISION

Beretta USA Corporation, of Accokeek, Maryland, protests the exclusion of its
proposal from the competitive range by the United States Special Operations
Command (USSOCOM) under request for proposals (RFP) No. H92222-12-R-001 1
for precision sniper rifles, ammunition, accessories, and replacement parts. Beretta
argues that the USSOCOM misevaluated proposals and made an unreasonable
competitive range determination.

We deny the protest.

BACKGROUND

The USSOCOM issued the RFP on November 4, 2011, seeking commercial item
proposals to supply up to 5,150 precision sniper rifles and up to 4.7 million rounds of
ammunition, in addition to accessories, parts, training, engineering, and technical