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B-409528.34,B-409528.37 1 (2014-12-03)

handle is hein.gao/gaobadqup0001 and id is 1 raw text is: G A O Comptroller General r Accountablity * 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 Decision [...been approvedfor release. Matter of: Staples Contract & Commercial, Inc. File: B-409528.34; B-409528.37 Date: December 3, 2014 David Gallacher, Esq., Jonathan S. Aronie, Esq., Keith R. Szeliga, Esq., Emily Theriault, Esq., and Katie A. Calogero, Esq., Sheppard Mullin Richter & Hampton, LLP, for the protester. John G. Horan, Esq., John W. Sorrenti, Esq., and Katherine M. John, Esq., McKenna Long & Aldridge LLP, for Office Depot, Inc., the intervenor. Christopher Murphy, Esq., and Kristen Nowadly, Esq., General Services Administration, for the agency. Katherine I. Riback, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency unreasonably found the awardee's proposal technically acceptable is denied where the agency's evaluation was reasonable and consistent with the solicitation's evaluation criteria. To the extent certain solicitation specifications were unclear or ambiguous, the protester failed to timely challenge patent ambiguities before the due date for receipt of proposals. 2. Protest challenging the evaluation of the awardee's proposed pricing as unbalanced is denied where the solicitation set forth an estimated quantity for the items to be ordered under the anticipated indefinite-delivery, indefinite-quantity contract, and thus did not create the possibility for unbalanced pricing. 3. Protest that the agency unreasonably provided an opportunity for the awardee to revise its proposal to address non-compliant items in its proposed list of products is denied where the protester was provided a similar opportunity. DECISION Staples Contract & Commercial, Inc., of Edgewood, New Jersey, protests the award of a contract to Office Depot, Inc., by the General Services Administration (GSA) under request for proposals (RFP) No. GSQ02-14-R-SA0001, contract line item number (CLIN) No. 4, for a full range of office items that will be available for order

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