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B-296836 1 (2005-08-09)

handle is hein.gao/gaocrptaqyi0001 and id is 1 raw text is: 




A         G    A    O                                                 Comptroller General
.       Accountability * Integrity * Reliability                       of the United States
United States Government Accountability Office
Washington, DC 20548



          Decision


          Matter of: Muddy Creek Oil and Gas, Inc.

          File:        B-296836

          Date:        August 9, 2005

          Patricia Pourier for the protester.
          Jeanne A. Anderson, Esq., Department of the Interior, for the agency.
          Andrew J. Stephens, Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of
          the General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Where a protester's response to a request for quotations altered material terms and
          conditions of the solicitation, the agency reasonably determined that the quotation
          was unacceptable.
          DECISION

          Muddy Creek Oil and Gas, Inc. protests a determination by the Bureau of Indian
          Affairs, Department of the Interior, that Muddy Creek's quotation, submitted in
          response to request for quotations No. RMA00050005 (RFQ) for firefighter meals,
          was unacceptable.

          We deny the protest.

          On June 15, 2005, Muddy Creek received by fax a solicitation to provide firefighter
          meals. On June 22, Muddy Creek replied to the Bureau with its quotation, on the
          face of which the protester had handwritten a number of alterations and additions to
          the terms of the statement of work. The agency deemed the Muddy Creek quotation
          to be unacceptable because it altered material terms of the solicitation, and this
          protest followed.

          The record here shows that where the solicitation specified that all meals be
          delivered to the Airport at Pine Ridge, South Dakota, Muddy Creek changed the
          statement of work to require that all meals be picked up at its downtown location.
          Agency Report, Attach. B at 23. Where the solicitation specified that the lunch meal
          be a sack lunch with a sub style sandwich, chips, fruit, and candy bar, Muddy
          Creek added or other sandwich of equal value that will add variety to [the] menu for

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