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B-297800.3 1 (2006-08-22)

handle is hein.gao/gaocrptasnr0001 and id is 1 raw text is: 




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



          Decision


          Matter of: Skyline ULTD, Inc.

          File:        B-297800.3

          Date:        August 22, 2006

          Albert B. Krachman, Esq., and Brian S. Gocial, Esq., Blank Rome LLP, for the
          protester.
          Adele Ross Vine, Esq., General Services Administration, for the agency.
          Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging rejection of proposal for failure to acknowledge solicitation
          amendment is denied where amendment contains material terms affecting legal
          relationship of the parties, including obligation for contractor to monitor changes in
          foreign travel danger area status and promptly coordinate such changes with
          contracting agency.
          DECISION

          Skyline ULTD, Inc. protests the rejection of its proposal for failure to acknowledge
          solicitation amendments under request for proposals (RFP) No. 6FG2005MTVOOOO1,
          issued by the General Services Administration for information technology services.
          Skyline contends that the amendments are not material and that its failure to
          acknowledge them should be waived as a minor informality.

          We deny the protest.

          The RFP, set aside for service-disabled, veteran-owned small businesses, provides
          for the award of multiple indefinite-delivery, indefinite-quantity contracts for
          information systems engineering, operation, and maintenance services for a 5-year
          base period and a 5-year option period. RFP at F-i, L-1, L-14. The RFP advised that
          the agency intended to make all awards on the basis of the offerors' initial proposals
          without conducting discussions. Id. Each proposal was to be initially evaluated for
          acceptability, including a review for completeness and adherence to instructions.
          Id. at M-1. Any material failure to follow directions (nonconformance), including
          the omission of required information of a material nature, was to result in rejection

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