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B-404277,B-404277.2 1 (2011-01-19)

handle is hein.gao/gaobadbqu0001 and id is 1 raw text is: Ii .L A G A O Comptroller General f. A Accountabity * 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. D e c is io n ........................................................... Matter of: Marine Group Boat Works, LLC File: B-404277; B-404277.2 Date: January 19, 2011 Peter B. Jones, Esq., and Brian J. Donovan, Esq., Jones & Donovan, P.C., for the protester. Clinton D. Hubbard, Esq., for Pacific Maritime Freight, Inc., the intervenor. Jeanne P. Ockerman, Esq., and Catherine Rubino, Esq., Department of the Navy, for the agency. Louis A. Chiarella, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. An agency's decision to not consider delivery price options in its price evaluation is unobjectionable, where the protester did not timely protest a patent ambiguity in the solicitation that did not state whether delivery options would be evaluated and failed to include either of the two standard Federal Acquisition Regulation (FAR) clauses that identify whether or not options would be evaluated. 2. Protest that, under a procurement conducted pursuant to Federal Supply Schedule (FSS) procedures, an agency accepted pricing information from the awardee for optional services not included on that vendor's FSS contract is denied, where the solicitation did not provide for evaluation of the option services and the option services were not ordered under the awardee's FSS contract. 3. Protest that an agency treated the protester and awardee unequally by allowing the awardee to reduce its price quotation after the closing date for receipt of quotations is denied, where the agency allowed both firms to submit quotation revisions after the closing date. 4. An agency's communications with vendors in an FSS procurement are governed by FAR subpart 8.4, which requires that the communications be fair and equitable.

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