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B-414962.6,B-414962.7 1 (2018-10-22)

handle is hein.gao/gaobadvmn0001 and id is 1 raw text is: GO 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 version has been approved for public release.----------------------------- Matter of: Navarre Corporation File: B-414962.6; B-414962.7 Date: October 22, 2018 William M. Weisberg, Esq., Law Offices of William Weisberg, PLLC, for the protester. Deborah K. Morrell, Esq., and Donald C. Mobly, Esq., Department of Veterans Affairs, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging solicitation amendment clarifying that agency will not evaluate fixed prices for price realism is denied where the agency has wide discretion when deciding whether to include a realism evaluation provision in a solicitation for the award of a fixed-price contract. 2. Protest filed following a dismissal without prejudice of prior, related protest by a court of competent jurisdiction is not dismissed under Bid Protest Regulation 4 C.F.R. § 21.11(b). DECISION Navarre Corporation, of Navarre, Florida, protests the corrective action proposed by the Department of Veterans Affairs (VA) related to a prior protest filed by Owl, Inc., of St. Johns, Florida, in connection with request for proposals (RFP) No. VA247-17-R-0004 for non-emergency wheelchair transportation services. The protester contends that the agency's proposed corrective action is unreasonable. We deny the protest. BACKGROUND The VA issued the RFP on June 7, 2017, as a service-disabled veteran-owned small business set-aside. Agency Report, Tab 3, RFP at 1. The RFP contemplated the award of a single fixed-price indefinite-delivery, indefinite-quantity contract for non- emergency wheelchair transportation services, on a lowest-priced, technically

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