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B-400177 1 (2008-07-25)

handle is hein.gao/gaocrptawbn0001 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      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: ECI Defense Group

          File:        B-400177; B-400177.2

          Date:        July 25, 2008

          Howell Roger Riggs, Esq., Timothy P. Pittman, Esq., and Kimberly A. Ford, Esq.,
          Dick Riggs Miller LLP, for the protester.
          Elan D. Taylor, Esq., and Benjamin G. Perkins, Esq., Defense Logistics Agency, for
          the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Offeror's failure to acknowledge a material amendment to a request for proposals
          which significantly altered the government's guaranteed minimum quantity renders
          the proposal unacceptable.

          2. Protester is not an interested party to maintain protest challenging proposal
          evaluation where it did not acknowledge material amendment; protester would be
          ineligible for award even if protest of evaluation were sustained.
          DECISION

          ECI Defense Group protests the award of a contract to Thomas Instrument under
          request for proposals (RFP) No. SPM4A7-07-R-1322, issued by the Defense Supply
          Center Richmond (DSCR), Defense Logistics Agency, for aircraft actuator screwshaft
          assemblies. ECI argues that the agency's evaluation of offerors' proposals was
          improper.

          We dismiss the protest on the basis that the protester is not an interested party to
          challenge the award to Thomas Instrument.

          The RFP, issued on August 30, 2007, contemplated the award of a fixed-price,
          indefinite-quantity contract for a base year and four 1-year options. The solicitation
          informed offerors of the agency's estimated quantity (252), guaranteed minimum
          quantity (63), minimum delivery order quantity (63), maximum delivery order
          quantity (252), and maximum quantity (504) for the base year, as well as similar
          estimated, minimum delivery order, maximum delivery order, and maximum

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