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B-280011.2 1 (1998-10-01)

handle is hein.gao/gaocrptahuh0001 and id is 1 raw text is: 


oComptroller General
             of the United States
             Washington, D.C. 20548
             Decision




             Matter of: Nick Chorak Mowing

             File:       B-280011.2

             Date:       October 1, 1998

             Sam Z. Gdanski, Esq., for the protester.
             Anthony G. Beyer, Esq., Environmental Protection Agency, for the agency.
             Katherine I. Riback, Esq., and Paul I. Lieberman, Esq., Office of the General
             Counsel, GAO, participated in the preparation of the decision.
             DIGEST

             Contracting agency's decision to modify statement of work after receipt of initial
             quotations to reflect its actual needs is unobjectionable where offerors were given
             an equal opportunity to revise their quotes based on the reduced requirement.
             DECISION

             Nick Chorak Mowing protests the issuance of a purchase order to Bill Christopher
             Enterprises under request for quotations (RFQ) No. RT-98-00295, issued by the
             Environmental Protection Agency (EPA) for certain full-service landscape
             maintenance and management services. Chorak complains that the agency
             exhibited bias and conducted a price auction. 1

             We deny the protest.

             The RFQ, issued under simplified acquisition procedures on March 26, 1998, sought
             quotes to provide full-service landscape maintenance and management at two
             locations of the National Health and Environmental Effects Laboratory complex in
             Corvallis, Oregon. The types of groundskeeping activities included in the statement
             of work (SOW) were lawnmowing and thatch removal; tree and shrub pruning;
             debris removal; application of bark dust in landscaped areas; weed and insect pest
             control in lawn and landscaped areas; application of fertilizers and pesticides by a
             state of Oregon licensed pesticide applicator; and parking lot and sidewalk
             sweeping. RFQ SOW at 4. The RFQ contemplated the issuance of a 1-year,
             fixed-price purchase order to the vendor whose quotation represented the best





             1Chorak also protested the agency's evaluation of the protester's past performance,
             which our Office previously denied in a separate decision.

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