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B-419809,B-419809.2 Aug 05, 2021 1 (2021-08-05)

handle is hein.gao/gaomdm0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE Decision The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Office Depot, LLC File: B-419809, B-419809.2 Date: August 5, 2021 John G. Horan, Esq., Faegre Drinker Biddle & Reath LLP, for the protester. Michael L. Sterling, Esq., Anthony J. Mazzeo, Esq., and Daniel A.D. Salmon, Esq., Vandeventer Black LLP, for Mancon, LLC, the intervenor. Philip Rappmund, Esq., Leslie Jefferson, Esq., and James P. Winthrop, Esq., Department of the Navy, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's post-award protest challenges to the price evaluation methodology set forth in the solicitation are dismissed as untimely. 2. Protest alleging that the agency failed to adequately consider the risks posed by awardee's unbalanced pricing is denied where the record reflects that the agency evaluated the risk of unbalanced pricing and reasonably determined that the risk associated with a single overstated unit price was low. 3. Agency's post-proposal submission exchanges with awardee regarding price proposal were clarifications rather than discussions where the errors corrected were obvious on the face of the awardee's proposal. DECISION Office Depot, LLC, of Columbia, Maryland, protests the award of a contract to Mancon, LLC, of Virginia Beach, Virginia, under request for proposals (RFP) No. N00189-21-R- 0011, issued by the Department of the Navy, Naval Supply Systems Command, to operate a commercial retail store at Naval Station Norfolk, Virginia. The protester argues that the agency failed to conduct a proper price evaluation and asserts that the best-value tradeoff and source selection decision was unreasonable. The protester also contends that the agency engaged in discussions with the awardee, which obligated the Navy to engage in discussions with all offerors. We dismiss in part and deny in part the protest.

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