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B-417282.2,B-417282.3,B-417282.4 1 (2019-12-20)

handle is hein.gao/gaobaealk0001 and id is 1 raw text is: 



GAtOU.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:   Wellspring Worldwide, Inc.

File:     B-417282.2; B-417282.3; B-417282.4

Date:     December 20, 2019

David T. Ralston, Jr., Esq., Frank S. Murray, Esq., Julia Di Vito, Esq., and
Micah T. Zomer, Esq., Foley & Lardner LLP, for the protester.
Anthony E. Marrone, Esq., and Pamela Waldron, Esq., Department of Health and
Human  Services, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's evaluation of quotations is denied where the
evaluation was reasonable and consistent with the terms of the solicitation.

2. Protest that the agency engaged in misleading discussions with the protester by
failing to advise during discussions that the protester's quoted price was unreasonably
high is denied where the agency did not find the protester's price unreasonable, and
was not otherwise obligated to raise this matter during discussions.

3. Protest that the awardee's quotation improperly took exception to the solicitation
requirement to quote a fixed price is denied where the agency reasonably determined
that the awardee's assumptions were not exceptions, and where the language in
question reflects the reservation of a right to request, rather than receive, a price
adjustment.

4. Agency's selection of a lower-rated, lower-priced quotation for award is
unobjectionable where the agency's tradeoff decision was reasonable and adequately
documented.
DECISION

Wellspring Worldwide, Inc., a small business of Chicago, Illinois, protests the issuance
of a purchase order by the Department of Health and Human Services (HHS), National
Institutes of Health (NIH), to Inteum Company, LLC, of Kirkland, Washington, under
request for quotations (RFQ) No. NIAID-RFQ18-20180622, for an enterprise system

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