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B-407529,B-407529.2,B-407529.3 1 (2012-12-28)

handle is hein.gao/gaobadpla0001 and id is 1 raw text is: G A O ,Comptroller General Acc ; tabillty inegrity , Rei!abikty of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Smith Enterprise, Inc. File: B-407529; B-407529.2; B-407529.3 Date: December 28, 2012 David S. Black, Esq., William M. Pannier, Esq., and Gregory R. Hallmark, Esq., Holland & Knight LLP, for the protester. Kevin E. Bolin, Esq., Marvin D. Rampey, Esq., and Angela J. Cosentino, Esq., Department of the Navy, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly relaxed the delivery schedule, after excluding the protester's proposal from the competitive range due to the protester's high price, is denied where the record does not show that the protester was prejudiced. 2. Protest challenging agency's evaluation of technical proposals is denied where the record shows that agency's evaluation was reasonable and consistent with the solicitation. DECISION Smith Enterprise, Inc., of Tempe, Arizona, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. N00164-12-R- JN34, issued by the Department of the Navy for research and development services relating to gun muzzle suppressor technology. Smith objects to the agency's relaxation of the delivery schedule after Smith was excluded from the competitive range, and the agency's evaluation of proposals. We deny the protest. BACKGROUND The RFP provided for the award of fixed-price, indefinite-delivery/indefinite-quantity contracts for research and development of a flash and sound suppressor for

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