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B-412854,B-412854.3,B-412854.4 1 (2016-06-21)

handle is hein.gao/gaobadsif0001 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:   Level 3 Communications LLC

         File:        B-412854; B-412854.3; B-412854.4

         Date:        June 21,2016

         Shelly L. Ewald, Esq., Scott P. Fitzsimmons, Esq., and Eric M. Liberman, Esq.,
         Watt, Tieder, Hoffar & Fitzgerald, L.L.P., for the protester.
         Jonathan D. Shaffer, Esq., John S. Pachter, Esq., Mary Pat Buckenmeyer, Esq.,
         and Sean K. Griffin, Esq., Smith Pachter McWhorter PLC, for Verizon Deutschland
         GmbH, an intervenor.
         Travis L. Vaughan, Esq., Department of Defense, Defense Information Systems
         Agency, for the agency.
         Louis A. Chiarella, Esq., and Noah B. Bleicher, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the technical unacceptability of the protester's quotation is
         denied where the agency reasonably evaluated the quotation in accordance with
         the solicitation's terms.

         2. Protest challenging that awardee's quotation took material exceptions to the
         terms of the solicitation is denied where the agency reasonably determined that any
         exceptions taken were not material ones.
         DECISION

         Level 3 Communications LLC, of Broomfield, Colorado, protests the issuance of a
         delivery order to Verizon Deutschland GmbH, of Frankfurt, Germany, under request
         for quotations (RFQ) No. HC1 021-15-T-3033,1 issued by the Department of
         Defense, Defense Information Systems Agency (DISA), for the installation and

         1 The record reflects the solicitation was referred to as an RFQ in certain instances,
         and as an Inquiry/Quotation/Order (IQO) in other instances. For the sake of
         consistency, and because the distinction has no bearing on our analysis, we use the
         terms RFQ, quotations, and vendors throughout our decision.

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