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B-406131 1 (2012-02-21)

handle is hein.gao/gaobadoqd0001 and id is 1 raw text is: I QA 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. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Decision Matter of: ERIE Strayer Company File: B-406131 Date: February 21, 2012 Richard Lanzillo, Esq., Knox McLaughlin Gornall & Sennett, for the protester. John Jacob, for RexCon LLC, the intervenor. Christopher S. Cole, Esq., Department of the Air Force, for the agency. Kenneth Kilgour, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency should have requested clarifications from protester is sustained, where the record demonstrates that the agency improperly conducted discussions only with the awardee. DECISION ERIE Strayer Company, of Erie, Pennsylvania, protests the award of a contract to RexCon LLC, of Burlington, Wisconsin, under request for quotations (RFQ) No. FA4861-11-R-B014, issued by the Air Force for a mobile concrete plant at Nellis Air Force Base, Nevada. The protester asserts that the Air Force improperly evaluated its proposal as unacceptable and that, to the extent that the agency had particular concerns regarding its proposal, the Air Force should have requested clarifications from ERIE. We sustain the protest. BACKGROUND The RFQ was issued using simplified acquisition procedures pursuant to the authority of Federal Acquisition Regulation (FAR) subpart 13.5, Test Program for Certain Commercial Items.1 It contemplated the award of a fixed-price contract for a 1 At the time this solicitation was issued, FAR subpart 13.5 authorized the use of simplified procedures for the acquisition of commercial supplies and services in (continued...)

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