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B-419268 1 (2021-01-12)

handle is hein.gao/gaobaecge0001 and id is 1 raw text is: 


                    1O    o    U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
                               A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  High Noon  Unlimited Inc.

File:       B-419268

Date:       January 12, 2021

Dr. George B. Inabinet III, High Noon Unlimited Inc., for the protester.
Wade  L. Brown, Esq., Department of the Army, for the agency.
Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Challenge to the exclusion of the protester's proposal from the competitive range is
denied where the agency reasonably found that the proposal failed to comply with the
terms of the solicitation.

2. Protest that the agency should have opened discussions and permitted the protester
to revise its unacceptable proposal is denied, where the agency had no obligation to do
so.
DECISION

High Noon Unlimited Inc., a small business of Holiday, Florida, protests the decision by
the Department of the Army to exclude High Noon from the competitive range in the
competition of request for proposals (RFP) No. W911 QY-20-R-0010, which was issued
for parachutist flotation devices (PFDs). High Noon argues that to the extent its
proposal contained obvious errors or missing information, the agency was required to
contact High Noon, ask for the correct or missing information, and allow High Noon to
complete or correct its proposal as necessary.

We  deny the protest.

BACKGROUND

On May  7, 2020, the Army issued the RFP in accordance with the procedures of
Federal Acquisition Regulation (FAR) part 15, Contracting by Negotiation. See RFP

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