BACKGROUND

Consistent with its statutory authority, GAO, in deciding a bid protest, reviews allegations
that the agency (Air Force) has violated procurement statutes and regulations in the evaluation and
source selection process. In resolving bid protests, it is not GAO's role to render judgment
concerning the merits of the product or service the agency selects - in this case, which tanker the
Air Force selected. Therefore, GAO's bid protest decisions do not evaluate the merits of the
competing offers. This is a judgment left to the Air Force in its source-selection process. The
GAO reviewed whether the Air Force assessed the relative merits of the proposals in
accordance with the evaluation criteria identified in the solicitation.

PREPARATION OF REDACTED/PUBLIC DECISION

Consistent with GAO's standard past practices, GAO directed the attorneys representing the
competitors to "promptly" prepare a public (redacted of sensitive information) version of the
protected decision, but GAO does not control competitors processes. In this instance, GAO asked
that the redacted version be provided by June 23.

IMPLICATIONS OF GAO'S DECISION

While GAO's recommendations in sustained protests are not binding, they are almost
always followed.

If the agency does not follow GAO's recommendations, statute directs GAO to report the
agency's noncompliance to Congress.

The agency (Air Force) or intervenor (Northrop-Grumman) can request that GAO reconsider
its decision.

Northrop-Grumman also has the option of filing a protest with the Court of Federal Claims,
including requesting an injunction to bar implementation of the GAO recommendation(s).

BRIEFINGS

GAO indicates its standard practice is not to brief members or committee staff prior to the
issuance of a public (redacted) decision by the competitors. Because of the high-level of interest in
this award, GAO has had to make an exception to its "standard practice."