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B-293335.3 1 (2004-04-26)

handle is hein.gao/gaobaczjp0001 and id is 1 raw text is: I G A 0Comptroller General ........ inAccountability * Integrity * Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Saltwater Inc. File: B-293335.3 Date: April 26, 2004 Joseph M. Sullivan, Esq., and Elizabeth Poh, Esq., Mundt MacGregor, for the protester. William T. Grimm, Esq., Davis Grimm Payne & Marra, for NWO, Inc., an intervenor. Terry H. Lee, Esq., and Lynn W. Flannagan, Esq., National Oceanic and Atmospheric Administration, for the agency. Charles W. Morrow, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's contention that an agency is improperly terminating the protester's previously-awarded contract, and awarding to another offeror, is denied where the record shows that the protester has refused to execute a modification to its previously-awarded contract that properly reflects changes that occurred during a reevaluation undertaken in response to a previous protest of this award; the protester's underlying assertion that the proffered modification is ambiguous is untimely where the record shows there is nothing in the modification that was not also included in the agency's second request for revised proposals, and the protester did not raise the matter before submitting its revised proposal. DECISION Saltwater Inc. protests the proposed award of a contract to NWO, Inc., as well as the proposed termination of Saltwater's earlier-awarded contract. This proposed award, and corresponding termination, is based on Saltwater's refusal to sign a modification to its contract issued to reflect (in the agency's view) changes that occurred during a reevaluation of proposals undertaken in response to an earlier protest by NWO. The original award was made to Saltwater pursuant to request for proposals (RFP) No. AB1330-03-RP-0024, issued by the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), for fisheries observer services. We deny the protest.

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