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B-271693 1 (1996-08-02)

handle is hein.gao/gaocrptaefp0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Global Associates Ltd. File: B-271693; B-271693.2 Date: August 2, 1996 Ross W. Dembling, Esq., and Craig A. Holman, Esq., Holland & Knight, for the protester. Robert E. Gregg, Esq., Hazel & Thomas, for Grammarians, Inc., the intervenor. Alan D. Groesbeck, Esq., Department of Agriculture, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where a proposal, submitted in response to a solicitation, which was issued as a total small business set-aside and included the required Limitations on Subcontracting clause, Federal Acquisition Regulation § 52.219-14, is ambiguous as to its compliance with the clause, communications between the agency and an offeror, which resulted in the offeror's submission and the agency's consideration of a five-page document explaining the offeror's approach to complying with the subcontracting limitation, constitute discussions, such that the agency must reopen discussions and allow for the submission of best and final offers. 2. Protest that the agency unreasonably determined that the awardee's proposal was compliant with a request for proposal's Limitations on Subcontracting clause, Federal Acquisition Regulation § 52.219-14, constitutes a challenge to the acceptability of the proposal. 3. Protester was prejudiced where the agency conducted discussions with only the awardee after the submission of best and final offers (BAFO) to allow the awardee to revise its unacceptable proposal to make it compliant with Limitations on Subcontracting clause, Federal Acquisition Regulation § 52.219-14, because it could have simply rejected the awardee's proposal or allowed the protester the same opportunity to revise its proposal. DECISION Global Associates Ltd. protests the award of a contract to Grammarians, Inc., under request for proposals (RFP) No. WO-96-02, issued by the Forest Service, Department 32999

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