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B-411888 1 (2015-11-10)

handle is hein.gao/gaobadrpo0001 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 Decision been approved for public release. Matter of: Konica Minolta Business Solutions U.S.A., Inc. File: B-411888 Date: November 10, 2015 Mark R. Berry, Esq., Lori A. Lange, Esq., and Benjamin L. Williams, Esq., Peckar & Abramson, P.C., for the protester. Kenneth D. Brody, Esq., and Thomas K. David, Esq., David, Brody & Dondershine, LLP, for Lexmark International, Inc., the intervenor. Debra J. Talley, Esq., and Kenneth Gilliland, Esq., Department of the Army, for the agency. Noah B. Bleicher, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's determination that the protester submitted an unacceptable proposal is denied where the record confirms that the protester failed to describe its approach to transition during the phase-out period, as required by the solicitation. 2. In a competition conducted among firms holding General Services Administration (GSA) Federal Supply Schedule (FSS) contracts, agency's request for confirmation regarding whether proposed items and prices were included on offerors' schedules constituted clarifications; agency was not required to conduct discussions where the solicitation contemplated making the award without discussions. DECISION Konica Minolta Business Solutions U.S.A., Inc. (KMBS), of Vienna, Virginia, protests the issuance of a delivery order to Lexmark International, Inc., of Lexington, Kentucky, pursuant to request for delivery order proposals (RFP) No. W15QKN-15-R-1032, issued by the Department of the Army, U.S. Army Contracting Command, for the lease of multi-functional devices. KMBS challenges the agency's determination that its proposal was technically unacceptable and contends that the agency engaged in misleading discussions. We deny the protest.

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