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B-414260 1 (2017-03-28)

handle is hein.gao/gaobadthf0001 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:   Zodiac of North America, Inc.

         File:        B-414260

         Date:        March 28, 2017

         Stanley R. Soya, Esq., Ellen M. Lynch, Esq., and Anthony C. Scalice, Esq., Baker
         Botts LLP, for the protester.
         William A. Wozniak, Esq., and Robert E. Korroch, Esq., Williams Mullen, for Atlantic
         Diving Supply, Inc., the intervenor.
         Wade L. Brown, Esq., and Laura K. Anderson, Esq., Department of the Army, for
         the agency.
         Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging the agency's modification of a contract is denied where
         modification of the contract was within scope and of a nature that competitors could
         have reasonably anticipated at the time of the original award.
         DECISION

         Zodiac of North America, Inc., of Stevensville, Maryland, protests the modification of
         contract No. W56HZV-1 3-D-01 51, awarded to Atlantic Diving Supply, Inc. (ADS), of
         Virginia Beach, Virginia, by the U.S. Army Contracting Command - Warren for
         production of inflatable combat raiding craft and inflatable combat assault craft.
         Zodiac argues that the Army improperly relaxed the specification requirements such
         that it will be acquiring materially different boats, and has effectively awarded a
         sole-source contract to ADS in violation of the Competition in Contracting Act
         (CICA).

         We deny the protest.

         BACKGROUND

         The underlying request for proposals (RFP) No. W56HZV-1 3-R-01 86 was issued on
         February 28, 2013, and anticipated award of a fixed unit-price, indefinite-
         delivery/indefinite-quantity contract to provide 7-person inflatable combat raiding

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