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B-409539 1 (2014-05-27)

handle is hein.gao/gaobadqom0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * 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 i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: DNO Inc. File: B-409539 Date: May 27, 2014 Anne B. Perry, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester. Michael D. Delaney, Esq., Defense Logistics Agency, for the agency. Gary R. Allen, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's price and technical evaluation is denied where the price evaluation was consistent with the solicitation criteria and the awardee's proposal did not deviate from a technical requirement in the solicitation. DECISION DNO Inc., of Columbus, Ohio, protests the award of a contract to Produce One, Inc., of Dayton, Ohio, under solicitation No. SPE300-13-R-1 029, issued by the Department of Defense, Defense Logistics Agency, for fresh fruit and vegetable products for non-Department of Defense customers in Ohio, Western Pennsylvania, and West Virginia. DNO challenges the evaluation of the awardee's price proposal and contends that the agency waived a material solicitation requirement for the sole benefit of the awardee. We deny the protest. BACKGROUND The solicitation, issued as a small business set-aside, contemplated the award of a fixed-price, indefinite-quantity contract with an applicable economic price adjustment clause for the supply of a full-line of USDA No. 1 or better fresh fruit and vegetable products. Solicitation, attach. 2, at 4. The duration of the contract was 4.5 years, including an 18-month base period and two 18-month option periods, and the estimated contract value was $18 million. Id. at 4-5.

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