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B-414433,B-414433.2,B-414433.3 1 (2017-06-12)

handle is hein.gao/gaobadtnj0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has De isio n been approved for public release. Matter of: Pontiac Flying LLC File: B-414433; B-414433.2; B-414433.3 Date: June 12, 2017 Steven J. Koprince, Esq., Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., Candace M. Shields, Esq., and Ian P. Patterson, Esq., Koprince Law, LLC, for the protester. Scott L. Mandel, Esq., and Allison M. Collins, Esq., FosterSwift, for Albert E. and Michael D. Schiffer, dba Al's Aerial Spraying, LLC, the intervenor. Antonio T. Robinson, Esq., United States Department of Agriculture, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency held unequal discussions with eventual awardee by asking for confirmation that agency interpretation of alternate pricing was correct, and for price verification, is denied because these inquiries, without more, constituted clarifications, not discussions. 2. Protest that agency misevaluated awardee's proposal, treated offerors unequally, and made an unreasonable source selection decision is denied where record shows that agency's evaluation was reasonable and treated offerors equally, and that the agency rationale for selection of higher-rated and lower-priced proposal was consistent with the terms of the solicitation. DECISION Pontiac Flying LLC, of Pontiac, Illinois, a small business, protests the award of a contract to Albert E. and Michael D. Schiffer, doing business as Al's Aerial Spraying, LLC (awardee), of Ovid, Michigan, also a small business, by the United States Department of Agriculture, Forest Service, under request for proposals (RFP) No. AG-56A1-S-17-0001, for aerial spraying of gypsy moth mating disruptant. Pontiac argues that the awardee's proposal was unacceptable, that the agency held unequal discussions with the awardee, and that the agency improperly awarded the contract to the awardee based only on its lower price.

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