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B-407603.4 1 (2013-02-25)

handle is hein.gao/gaobadqer0001 and id is 1 raw text is: G A O Comptroller General Accor ntbkty *iIntgrlty Reliabikity 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 i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Hydro Engineering, Inc. File: B-407603.4 Date: February 25, 2013 James L. Barnett, Esq., Holland & Hart, LLP, for the protester. Maj. Joseph Venghaus, Department of the Army, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of an agency's corrective action is denied where, in response to an earlier protest, the agency concluded that it had improperly conducted discussions with only the awardee and then determined to take corrective action. DECISION Hydro Engineering, Inc., of Salt Lake City, Utah, protests the Department of the Army's determination to take corrective action in connection with an earlier protest filed by Enviro Safety Technologies, of Tempe, Arizona, challenging the award of a fixed-price contract to Hydro under request for proposals (RFP) No. W9124N-12-R- 0054, for wash racks. Enviro Safety complained, among other things, that the agency had conducted discussions in an unequal manner. We deny the protest. BACKGROUND The RFP, issued as a small business set-aside, sought offers for a portable wash rack system and associated services for four specified locations. The Army received four proposals, including Enviro Safety's and Hydro's. Only Enviro Safety's proposal was found to be technically acceptable; however, the Army found that Enviro Safety's price was unreasonably high.

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