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B-413722.2 1 (2017-01-17)

handle is hein.gao/gaobadszm0001 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 version has been
                                                     approved for public release.
         D  e c i s i o n                           - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Ripple Effect Communications, Inc.

         File:        B-413722.2

         Date:        January 17, 2017

         Antonio R. Franco, Esq., Patrick T. Rothwell, Esq., Julia Di Vito, Esq., and Stephen
         J. Kelleher, Esq., Piliero Mazza PLLC, for the protester.
         CPT Sarah E. Park, Department of the Army, for the agency.
         Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging solicitation amendment clarifying that agency will not evaluate
         fixed prices for price realism is denied where the agency has wide discretion when
         deciding whether to include a realism evaluation provision in a solicitation for the
         award of a fixed-price contract.
         DECISION

         Ripple Effect Communications, Inc., a small business of Rockville, MD, protests the
         United States Army's proposed corrective action related to a prior protest filed by
         Venesco, LLC, a small business of Chantilly, VA, of solicitation No. W81XWH-16-R-
         0023, for program administration and technical support services. The protester
         contends that the agency's proposed corrective action is unreasonable.

         We deny the protest.

         BACKGROUND

         On March 21, 2016, the agency published the instant solicitation providing for the
         award of a fixed-price, indefinite-delivery, indefinite-quantity contract. While the
         solicitation initially provided that price would be evaluated for fairness and
         reasonableness, subsequent agency answers to industry questions included
         inconsistent statements regarding the scope of the agency's price evaluation. See
         RFP at 34-35 and RFP Amendment 0002 at 4. Specifically, the industry questions
         and answers, which were incorporated in the solicitation via amendment, in some

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