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B-409706.3 1 (2016-10-24)

handle is hein.gao/gaobadsqu0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Richen Management, LLC File: B-409706.3 Date: October 24, 2016 Richard McCue, for the protester. Lucie J. McDonald, Esq., Department of the Navy, for the agency. Kenneth Kilgour, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency had pre-award intent to modify the scope of work of a contract is denied where there is no basis on this record to conclude that agency had such pre-award intent or that amending the solicitation would have significantly affected the competitive position of the offerors. DECISION Richen Management, LLC, of Dover-Foxcroft, Maine, protests modifications of a contract awarded to JDD, Inc., of Cleveland, Ohio, under request for proposals (RFP) No. N40085-13-R-351 0, for janitorial services for the Portsmouth Naval Shipyard, Kittery, Maine. The protester asserts that the agency had a pre-award intent to modify the contract and that the modifications to the contract exceeded the scope of the original contract. We deny the protest. The RFP, issued on March 28, 2013, for janitorial services and set aside for HUBZone small businesses, contemplated the award of a combination fixed-price and indefinite-delivery/indefinite-quantity (ID/IQ) contract for a term of 1 year with four 1-year options to the firm providing the lowest-priced, technically acceptable offer. RFP at 1, 7. The RFP contained a requirement for performance of janitorial services at two Common Output Levels (COL)--COL 3 and COL 4--with COL 3 being a higher and more costly level of janitorial service than COL 4. Agency Report (AR) at 6.

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