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B-294572 1 (2004-12-01)

handle is hein.gao/gaocrptapow0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability 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: Spherix, Inc. File: B-294572; B-294572.2 Date: December 1, 2004 Eric J. Marcotte, Esq., Nathan C. Guerrero, Esq., and Scott A. Schipma, Esq., Winston & Strawn, for the protester. Robert S. Metzger, Esq., Michael K. Murphy, Esq., Mary Ita Snyder, Esq., and Keith R. Szeliga, Esq., Gibson, Dunn & Crutcher, for ReserveAmerica NY, Inc., the intervenor. Daniel N. Hylton, Esq., Department of Agriculture, 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. Protest challenging an agency's evaluation and source selection decision that found the awardee's staffing and proposed marketing approach to be significant proposal strengths and discriminators in the selection decision is sustained, where the protester and awardee both addressed staffing and marketing approach, though not specifically requested by the solicitation, and the agency did not fairly consider the protester's similar proposed staffing and marketing approach. 2. Where the agency's evaluation identified significant weaknesses in the protester's proposal, but failed to identify them for the offeror during discussions, discussions were not meaningful. DECISION Spherix, Inc. protests the award of a contract to ReserveAmerica NY, Inc. under request for proposals (RFP) No. WO-04-06VM, issued by the Department of Agriculture, Forest Service, for the National Recreation Reservation Service (NRRS). Spherix challenges the agency's conduct of discussions, evaluation of proposals, and source selection decision. We sustain the protest.

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