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B-401176,B-401176.2 1 (2009-06-03)

handle is hein.gao/gaobadaxh0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability 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: CLI Solutions, Inc. File: B-401176; B-401176.2 Date: June 3, 2009 Richard L. Moorhouse, Esq., Jacob B. Pankowski, Esq., and Sean M. Connolly, Esq., Greenberg Traurig, for the protester. Richard J. Webber, Esq., Kavika J. Babu, Esq., and Kevin R. Pinkney, Esq., Arent Fox, for FedSys, Inc., an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision DIGEST 1. Protest that clarification requests issued by agency in fact constituted discussions, such that agency was required to conduct discussions with protester, is denied; even if clarifications did constitute discussions, agency was not required to conduct discussions with protester, since its proposal was not included in competitive range. 2. Protester is not an interested party for purposes of challenging affirmative determination of awardee's responsibility where record shows that, even if challenge were sustained, an intervening offeror would be next in line for award. DECISION CLI Solutions, Inc., of Tampa, Florida, protests the Department of State's (DOS) award of a contract to FedSys, Inc., of Reston, Virginia, under request for proposals (RFP) No. SAQMMAO8RO322, for language-related services in Iraq. CLI challenges DOS's conduct of the procurement and FedSys's eligibility for award. We deny the protest. The solicitation contemplated the award of one or more time and materials/labor hour contracts for a 1-year base period, with four 1-year options, to furnish language-related services, including interpreting, translating and transcription, in support of the U.S. Embassy, consulates, and regional embassy offices in Iraq. Award was to be made on a best value basis applying two evaluation criteria:

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