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B-412280.2 1 (2016-02-17)

handle is hein.gao/gaobadrxw0001 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 - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Penn Parking, Inc. File: B-412280.2 Date: February 17, 2016 John R. Tolle, Esq., Barton, Baker, Thomas & Tolle, LLP, for the protester. Richard B. O'Keeffe Jr., Esq., Wiley Rein LLP, for the intervenor. Jason Blindauer, Esq., Department of Health and Human Services, for the agency. Laura Eyester, Esq., Cherie J. Owen, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that the agency was required to reject the awardee's proposal as unacceptable for failing to use the precise words prescribed by the solicitation to represent that the offeror had sent a past performance questionnaire to its performance reference, is denied where the awardee's proposal instead represented that the completed questionnaire was received by the contracting officer within the time limits established by the solicitation, which met the purpose of the solicitation requirement. DECISION Penn Parking, Inc., of Hanover, Maryland, a small business, protests the Department of Health and Human Services, National Institutes of Health's (NIH) award of a contract to Mid-Atlantic Services Group, Inc., of Silver Spring, Maryland, a small business, pursuant to request for proposals (RFP) No. NIHOD2015062, for parking services at NIH's main campus in Bethesda, Maryland. Penn Parking asserts that Mid-Atlantic's proposal was unacceptable because it failed to comply with a material term of the solicitation. We deny the protest. BACKGROUND The RFP, issued on October 21, 2015 as a small business set-aside, contemplated the award of an indefinite-delivery/indefinite-quantity (ID/IQ) contract, with a 1-year base period and four 1-year options, for parking services at NIH. RFP at 2. The

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