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B-404823 1 (2011-06-02)

handle is hein.gao/gaobadbva0001 and id is 1 raw text is: li AL A , G A O Comptroller General Acc untabiity * 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: Diebold, Inc. File: B-404823 Date: June 2, 2011 Joseph J. Dyer, Esq., Joshua C. Drewitz, Esq., and Caroline A. Keller, Esq., Seyfarth Shaw LLP, for the protester. Patricia S. Grady, Esq., Department of the Treasury, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where an agency made material modifications to the terms and conditions of a commercial item solicitation's clauses in making the award without requesting revised proposals from the other offerors. DECISION Diebold, Inc., of North Canton, Ohio, protests the award of a contract to ADT Security Services, Inc., of Alexandria, Virginia, by the Department of the Treasury, Office of the Comptroller of the Currency (OCC) under request for proposals (RFP) No. CC-1 1-HQ-RO03 for interim security and compliance services in support of OCC's physical security program. We sustain the protest. On January 27, 2011, OCC issued the RFP under Federal Acquisition Regulation (FAR) part 12 commercial item procedures. The RFP contemplated the award of a 1-year fixed-price contract for the period of February 1, 2011 through January 31, 2012.' RFP at 1. The solicitation was provided via email and advised that award 'This RFP was issued after the cancellation of an earlier solicitation (RFP No. CC-10- HR-R-0060) for these security services. This cancellation occurred after Diebold was notified that it was the apparent successful offeror, and after ADT filed a protest. OCC cancelled the solicitation after deciding the solicitation did not accurately reflect OCC's needs. The current RFP was issued shortly thereafter to fulfill the interim requirement for these services.

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