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B-411123.3,B-411123.4 1 (2015-07-24)

handle is hein.gao/gaobadrhf0001 and id is 1 raw text is: 




 G             A    O                                                   Comptroller General
        Accountability * Integrity * Reliability                         of the United States
 United States Government Accountability Office
 Washington, DC 20548



          Decision


          Matter of: On6simus Defense, LLC

          File:     B-411123.3; B-411123.4

          Date:        July 24, 2015

          Brandon R. Erhardt, On6simus Defense, LLC, the protester.
          Nancy L. Combs, Esq., Department of Defense, for the agency.
          Pedro E. Briones, Esq., and Nora K. Adkins, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest of an agency's corrective action amending a solicitation's pricing
          provisions for travel costs is denied where the record shows the agency's decision
          to amend the solicitation and seek revised proposals as part of its corrective action
          was reasonable and within the range of the agency's broad discretion in this area.

          2. Protest of a solicitation's pricing provisions, amended as part of an agency's
          corrective action in response to the protester's earlier protests, is denied where the
          protester is not prejudiced by the amended pricing provisions.
          DECISION

          On6simus Defense, LLC, of Summerville, South Carolina, protests corrective
          actions taken by the Defense Logistics Agency-Energy (DLA) under request for
          proposals (RFP) No. SP0600-14-R-0422 for confined space training. On6simus
          argues that the agency's corrective actions, which amended the RFP's pricing
          provisions for travel costs, are improper under the circumstances, taken in bad faith,
          and inconsistent with procurement regulations.

          We deny the protest in part and dismiss it in part.

          This is On6simus's third protest of this procurement, which is being conducted using
          the commercial item procedures of Federal Acquisition Regulation (FAR) part 12
          and has been set aside for small businesses. See RFP amend. 6, at 1, 67, 71;
          Agency Report (AR) at 11. The first protest filed with our Office challenged DLA's
          initial award decision, alleging that the agency's price evaluation failed to consider

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