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B-280048 1 (1998-08-24)

handle is hein.gao/gaocrptahum0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States -----------------------------------------------------------------------------------------------------------------------------. United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Nations, Inc. File: B-280048 Date: August 24, 1998 William H. Butterfield, Esq., and Christopher H. Jensen, Esq., Kilcullen, Wilson & Kilcullen, for the protester. John A. Evans, Esq., Department of the Navy, for the agency. Christine F. Davis, Esq. and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly eliminated a proposal from the competitive range, where the deficiencies ascribed to the proposal were either the result of misevaluation, or readily correctable, or similar to features in the proposals included in the competitive range. DECISION Nations, Inc. protests the elimination of its proposal from the competitive range under request for proposals (RFP) No. N61339-97-R-0011, issued by the Department of the Navy, for life cycle contractor support of command, control, communications, computers and intelligence (C41) devices located at 45 military installations worldwide. We sustain the protest. The RFP, issued May 9, 1997, was for the award of a fixed-price-award-fee, indefinite- quantity contract with some time-and-materials contract line items (CLIN). RFP Amendment 03 §§ B, L.2. The RFP consolidates the requirements of three contracts, one of which the protester is currently performing. The solicitation advised, pursuant to Federal Acquisition Regulation (FAR) § 52.215-16, Alternate II (June 1997), that the government intended to award a contract based on initial proposals, unless the contracting officer later determined that discussions were necessary. RFP Amendment 03 § M.1. The solicitation

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