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B-415546,B-415546.2 1 (2018-01-19)

handle is hein.gao/gaobadumx0001 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Umicore Optical Materials USA, Inc. File: B-415546; B-415546.2 Date: January 19, 2018 Milton C. Johns, Esq., and Rachel Leahey, Esq., Fluet Huber & Hoang PLLC, for the protester. Jessica Abrahams, Esq., Dana B. Pashkoff, Esq., Thomas F. Rath, Esq., and Deborah Norris Rodin, Esq., Dentons US LLP, for 5N Plus Semiconductors LLC, the intervenor. David R. Nolte, Esq., and Keric D. Clanahan, Esq., Defense Logistics Agency, for the agency. Peter D. Verchinski, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly based price evaluation on unstated evaluation criterion is dismissed as untimely where protester failed to challenge the agency's methodology for evaluating price at the time the protester learned of agency's intent to use this methodology during discussions. DECISION Umicore Optical Materials USA, Inc., of Quapaw, Oklahoma, protests the Defense Logistic Agency's (DLA) award of a contract to 5N Plus Semiconductors LLC under request for proposals No. SP8000-17-R-0005, for storage and rotation of unfinished germanium wafers. Umicore primarily challenges the agency's evaluation of the offerors' prices. We dismiss in part and deny in part the protest. The RFP, issued on August 8, 2017, provided for the award of a fixed-price contract for the storage and rotation of germanium wafers for a base year and three 1-year options. Currently, DLA has a contract with Umicore for the storage of approximately 40,500 4-inch wafers, and a contract with 5N for the storage of approximately 61,500 4-inch wafers. The RFP here sought to consolidate the two contracts, such that the successful offeror would store all wafers (which would be provided as government furnished materials (GFM)), and would replace the current stock of 4-inch wafers with 6-inch

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