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B-275439.3 1 (1997-03-31)

handle is hein.gao/gaocrptafuo0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: ACS Systems & Engineering, Inc. File: B-275439.3 Date: March 31, 1997 L. Allan Parrott, Jr., Esq., Patrick H. O'Donnell, Esq., and Terence Murphy, Esq., Kaufman & Canoles, for the protester. John W. Fowler, Jr., Esq., Blank, Rome, Comisky & McCauley, for Peirce-Phelps, Inc., an intervenor. Kathryn E. Simmons, Department of Defense, for the agency. Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where contracting agency evaluated best and final offers (BAFO) based upon changed requirements which were not communicated to offerors until after award, contracting agency properly proposed to correct this error by issuing an amendment to clarify its revised requirements; allowing the submission of revised BAFOs based upon those requirements; and evaluating the revised BAFOs for purposes of award. DECISION ACS Systems & Engineering, Inc. protests the corrective action proposed by the Department of Defense's Television-Audio Support Activity (T-ASA) in connection with the firm's prior protest of the award of a contract to Peirce-Phelps, Inc. under request for proposals (RFP) No. TASA12-95-R-0025, issued to obtain shipboard audio entertainment systems (SAES) on behalf of the Naval Media Center (NMC). ACS contends that the proposed corrective action is unreasonable and unlawful. We deny the protest. The solicitation, issued July 20, 1995, anticipated the award of a fixed-price requirements contract for SAES units consisting of state-of-the-art, commercial-off- the-shelf components. Each SAES unit will broadcast through a ship's intercom system from such sources as compact discs, audio cassettes, commercial FM signals, and the Armed Forces Satellite Transmitted Radio Service audio signal. The contract will run for I base year, with up to 4 option years. To satisfy the base year requirements, offerors were to supply up to 13 SAES units under the third line item. This line item also included two sub-line items, one for a 1140331

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