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B-416582.4 1 (2018-12-10)

handle is hein.gao/gaobadviq0001 and id is 1 raw text is: 



G     A     O       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
a GAO Protective Order. This version has been
approved for public release.


Decision


Matter of: A. Finkl and Sons, Co. DBA Finkl Steel


File:

Date:


B-416582.4


December 10, 2018


James W. Kim, Esq., and Llewelyn M. Engel, Esq., McDermott Will & Emery LLP, for
the protester.
Alexis J. Bernstein, Esq., Erika L. Whelan Retta, Esq., and Isabelle P. Cutting, Esq.,
Department of the Air Force, for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest challenging the agency's non-responsibility determination based on foreign
ownership, control, and influence concerns is denied where the record shows that the
agency reasonably identified concerns with the accuracy of the protester's initial
ownership disclosures and afforded the protester an opportunity to address the
agency's concerns, but the protester failed to adequately respond.
DECISION

A. Finkl and Sons, Co. DBA Finkl Steel, of Chicago, Illinois, challenges the Department
of the Air Force's decision to terminate the contract awarded to Finkl under request for
proposals (RFP) No. FA8681-17-R-0036 for BLU-1 37/B Penetrator Warhead
production. Finkl challenges the agency's determination that the protester was ineligible
for award under the terms of the RFP due to an impermissible foreign, ownership,
control, or influence (FOCI) issue arising from its ownership by a foreign parent.


We deny the protest.