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B-415890.2,B-415890.3 1 (2018-11-05)

handle is hein.gao/gaobadvgc0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States ----------------------------------------------------------------------------------------------------------------------. DOCUMENT FOR PUBLIC RELEASE Decision The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Matter of: Mark Dunning Industries, Inc. File: B-415890.2; B-415890.3 Date: November 5, 2018 Douglas P. Hibshman, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP, for the protester. Julia Di Vito, Esq., Megan C. Connor, Esq., and Timothy F. Valley, Esq., Piliero Mazza PLLC, for the intervenor. Harry M. Parent, Esq., and Wayne Branom, Esq., Department of the Army, for the agency. Joshua R. Gillerman, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee's bid should have been rejected as nonresponsive because it did not acknowledge solicitation amendment is denied where the record shows that the awardee constructively acknowledged the amendment. DECISION Mark Dunning Industries (MDI), Inc., of Dothan, Alabama, protests the award of a contract to Zero Waste Solutions (ZWS) Inc., of Concord, California, under invitation for bids (IFB) No. W91 1 SF-16-B-0006, issued by the Department of the Army for waste disposal services. MDI, the incumbent contractor, argues that the agency unreasonably failed to find ZWS's bid nonresponsive for failure to acknowledge all of the IFB's amendments. We deny the protest. BACKGROUND The IFB, issued as a small-business set-aside on July 29, 2016, contemplated the award of a requirements contract, with fixed-priced task orders, for solid waste disposal services at Fort Benning, Georgia. Agency Report (AR), Tab 3, IFB, at 1, 29, 88. Award was to be made to the lowest-priced, responsible bidder. Id. at 102.

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