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B-402111 1 (2010-01-19)

handle is hein.gao/gaobadbdz0001 and id is 1 raw text is: 




         G     A     O                                                Comptroller General
KWn ,  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:  Overseas Lease Group, Inc.

          File:       B-402111

          Date:       January 19, 2010

          James S. Phillips, Esq., and Brian C. Caney, Esq., Centre Law Group, LLC, for the
          protester.
          Eric J. Marcotte, Esq., and Scott A. Schipma, Esq., for ANHAM FZCO, LLC, an
          intervenor.
          Maj. Carla T. Peters, Department of the Army, for the agency.
          Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Contract modification requiring lease and maintenance for unarmored vehicles
          was within scope of contract calling for lease and maintenance of both non-tactical
          and up-armored vehicles; while protester argues that non-tactical vehicles can be
          armored, solicitation's differentiating between non-tactical and up-armored
          vehicles was sufficient to put protester on notice that term non-tactical was
          intended to refer to unarmored vehicles.
          DECISION

          Overseas Lease Group, Inc. (OLG), of Fort Lauderdale, Florida, protests the
          Department of the Army's issuance of modification No. P00003 to contract
          No. W91B4M-09-D-4001  (No. 4001) to ANHAM  FZCO, LLC, of Dubai, United Arab
          Emirates. OLG  contends that the modification is beyond the scope of the contract
          and thus amounted to an improper sole-source award to ANHAM.

          We deny the protest.

          Request for proposals (RFP) No. W91B4M-09-R-4007 (RFP 4007), issued on
          December  23, 2008, contemplated a single award task-order indefinite-delivery/
          indefinite-quantity (ID/IQ) contract for a base year, with two 1-year options. RFP
          at 14. The performance work statement (PWS) described the scope of the contract
          as follows:

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