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B-265605.3 1 (1996-02-22)

handle is hein.gao/gaocrptadsd0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: M.E.E., Inc. File: B-265605.3; B-265605.4 Date: February 22, 1996 Donald A. Tobin, Esq., Thomas J. Touhey, Esq., and Lori Ann Lange, Esq., Bastianelli, Brown, Touhey, & Kelley, for the protester. Lt. Col. Richard W. Tobin II, and Kathryn M. Burke, Esq., Department of the Air Force, for the agency. Henry J. Gorczycki, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where a solicitation's required Davis-Bacon Act wage determination is revised after submission of proposals but prior to award, the contracting agency properly proposes to amend the solicitation to incorporate the revised determination and reopen the competition to permit submission of revised proposals. 2. Where an agency proposes to amend a solicitation and reopen the competition on bases that are not the subject of a protest, the proposed action is not corrective action in response to a protest and the protester is not entitled to reimbursement of its protest costs. DECISION M.E.E., Inc. protests the reopening of discussions under request for proposals (RFP) No. F02604-94-R0010, issued by the Department of the Air Force for maintenance, repair, and minor construction services under the simplified acquisition of base engineering requirements at Luke Air Force Base, Gila Bend Air Force Auxiliary Field, and Fort Tuthill Recreation Area, Flagstaff, Arizona. M.E.E. also claims entitlement to protest costs under this and two earlier protests filed against a contract awarded to PI Construction Corporation. We deny the protest and the claim. The RFP, issued on October 25, 1994 as a total set-aside for small disadvantaged businesses (SDB), contemplated award of an indefinite delivery/indefinite quantity, fixed-price task order contract. The RFP provided for award on a best value basis and stated that technical merit and price were of equal importance. 1140222

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