B-403464, B-403464.2, U.S. Aerospace, Inc., October 6, 2010

October 7, 2010 at 12:19 pm | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

The GAO has released its decision in the bid protest case B-403464, B-403464.2, U.S. Aerospace, Inc., October 6, 2010:

DECISION

U.S. Aerospace, Inc. (USAI), of Santa Fe Springs, California, protests the Department of the Air Force’s rejection of the proposal USAI submitted in response to request for proposals (RFP) No. FA8625‑10-R-6600 for the KC-X tanker modernization program.[1] The agency rejected USAI’s proposal on the basis that it was not received by the submission deadline. USAI’s protest challenges the agency’s rejection of the proposal on various bases, including an assertion that delivery of the proposal was “intentionally delayed” by Air Force personnel. Protest at 3. As discussed below, we previously dismissed the portion of USAI’s protest alleging intentional agency misconduct; our decision today denies the remaining protest allegations.