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B-292195 1 (2003-05-28)

handle is hein.gao/gaobacyif0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: SeaArk Marine, Inc. File: B-292195 Date: May 28, 2003 John McClendon for the protester. B. J. Braun, Esq., Department of Homeland Security, for the agency. Sharon L. Larkin, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency need not hold discussions with offerors concerning product demonstration test results in order to permit design changes, where the solicitation provides that remediation will not be permitted and agency provided results only to ensure that testing was properly performed. 2. Awardee did not receive unfair competitive advantage from prior contract experience where there was no evidence of unfair or preferential treatment, improper discussions, or involvement in developing solicitation. DECISION SeaArk Marine, Inc., protests the award of a contract to SAFE Boats International, LLC under request for proposals (RFP) No. DTCG23-02-R-DNQ 131, issued by the Department of Homeland Security, for small commercial boats modified to U.S. Coast Guard specifications. SeaArk contends that the agency failed to conduct meaningful discussions and provided SAFE with an unfair competitive advantage. We deny the protest. The solicitation, issued under the commercial item procedures in Federal Acquisition Regulation Part 12, provided for award of a 7-year fixed-price indefinite- delivery/indefinite-quantity (ID/IQ) contract with an economic price adjustment. RFP at 5. Award was to be made to the offeror whose proposal provided the overall best value to the government, based upon the following factors: vessel operational capabilities and physical characteristics, production capability, quality assurance and management, warranty, construction data rights and technical support, past

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