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B-408947 1 (2013-12-24)

handle is hein.gao/gaobadpzs0001 and id is 1 raw text is: G A 0Comptroller General ity * Integrity * Rellability 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: Miracle Systems, LLC File: B-408947 Date: December 24, 2013 Thomas K. David, Esq., and Kenneth D. Brody, Esq., David, Brody & Dondershine, LLP, for the protester. Jeffrey C. Walker, Esq., and George C. Brown, Esq., Securities and Exchange Commission, for the agency. Noah B. Bleicher, Esq., Pedro E. Briones, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that request for proposal's (RFP) proscription against escalating labor rates contained a latent ambiguity is denied where protester's reading of RFP is not reasonable or consistent with the RFP's plain language, including its answers to several questions from offerors regarding the proscription. DECISION Miracle Systems, LLC, of Arlington, Virginia, protests the rejection of its proposal under request for proposals (RFP) No. SECHQ1 -1 3-R-0004, issued by the Securities and Exchange Commission (SEC) for software and systems development and support services. The protester challenges the agency's determination that its proposal was non-compliant with the RFP's non-price escalation clause. We deny the protest. BACKGROUND The RFP provided for the award of multiple indefinite-delivery/indefinite quantity (ID/IQ) contracts for a 5-year base period and one 5-year option period. RFP amend. 10, at 26. The solicitation contemplated that future task orders would be issued under the awarded contracts on a fixed-price or time-and-materials/labor hour basis for a total, potential ordering period of 10 years. Id. Offerors were to propose

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