Contract analysis

I. Purpose and Introduction This firm represents Whitmore Aerospace LLC (the "Protester") in the above-referenced bid protest proceedings currently pending before the U.S. Government Accountability Office ("GAO"). We write to bring to your attention a number of serious concerns regarding potential inadvertent — and possibly impermissible — disclosure of information protected under the Protective Order issued by GAO i

II. Background — Protective Order Procedures The Protective Order in this proceeding governs the handling, use, and disclosure of all information designated as protected material, including source selection sensitive information, proprietary data of the offerors, and evaluation documentation contained in the Agency Report ("AR"), which was filed in both protected and redacted form and consists of AR Tabs 1 through 47

III. Specific Concerns Regarding the Intervenor's Draft Comments In the course of the pre-filing protective order review procedures established in this case, counsel for the Protester reviewed a draft of Halcyon's Intervenor's Comments provided by your office. Upon careful review, we have identified at least three specific areas in which the draft raises significant concerns regarding compliance with the Protective O

IV. Requested Actions In light of the concerns set forth above, we respectfully request that Kessler, Pratt & Dunaway LLP take the following steps before the Intervenor's Comments are filed with GAO. A. Review and Remediation We request that your firm conduct a thorough and comprehensive review of the Intervenor's Comments — both the protected and public versions — to ensure that all protected material is properly id

V. Reservation of Rights Whitmore Aerospace LLC reserves all rights and remedies available to it under the Protective Order, 4 C.F.R. Part 21, and any other applicable law, regulation, or rule of professional conduct. Nothing in this letter shall be construed as a waiver of any right, claim, or argument that Whitmore Aerospace or its counsel may assert in connection with the matters described herein or in connection