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B-414223 1 (2017-03-29)

handle is hein.gao/gaobadtic0001 and id is 1 raw text is: 




         G     A    O                                                    Comptroller General
       Accountabilty * Integrity * Reliability                            of the United States
United States Government Accountability Office
Washington, DC 20548                                  DOCUMENT FOR PUBLIC RELEASE
                                                   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:   Fluor Federal Solutions, LLC

         File:        B-414223

         Date:        March 29, 2017

         Richard B. O'Keeffe, Jr., Esq., William A. Roberts, III, Esq., Samantha S. Lee, Esq.,
         and Margaret E. Matavich, Esq., Wiley Rein LLP, for the protester.
         Robert Palmer, Esq., Department of the Navy, for the agency.
         Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging the terms of the solicitation as ambiguous is denied, where
         the solicitation provides offerors with sufficient information to compete intelligently
         and on a relatively equal basis, and where the information requested, much of
         which is proprietary to the protester, is not necessary for offerors to be able to draft
         their proposals.

         2. Protest arguing that the solicitation should resolve an alleged ambiguity by
         including the protester's proprietary data, after the protester waives its rights in the
         data, is dismissed where the protester failed to establish that it is an interested party
         to challenge the lack of data in the absence of any competitive prejudice.

         3. Protest challenging the agency's choice of a fixed-price contract is denied, where
         the agency is not prohibited from allocating substantial financial risk to the
         contractor.
         DECISION

         Fluor Federal Solutions, LLC, of Greenville, South Carolina, protests the terms of
         request for proposals (RFP) No. N69450-16-R-2113, issued by the Department of
         the Navy, Naval Facilities Engineering Command, for base operations support
         services at two locations in Florida: Pensacola Naval Regional Complex1 and

         1 Pensacola Naval Regional Complex includes Naval Air Station Pensacola, Saufley
         Field, Corry Station, Bronson Field, and tenant commands. RFP, Section C at 2.

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