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B-401688.3,B-401688.6 1 (2009-10-08)

handle is hein.gao/gaobadbau0001 and id is 1 raw text is: JlL A , G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: EMS Ice, Inc. File: B-401688.3; B-401688.6 Date: October 8, 2009 Dawn L. Serafine, Esq., Troutman Sanders LLP, for the protester. Jeff Mansfield, Esq., and Bruce Potocki, Esq., Department of the Navy, for the agency. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's use of allegedly flawed independent government estimate (IGE) and comparison with proposed prices in determining that protester's proposed price was unreasonable is denied; challenged IGE was replaced and not used in reasonableness determination, and Federal Acquisition Regulation (FAR) specifically provides for use of proposed prices in determining price reasonableness. 2. Protest that agency's providing awardee opportunity--after receipt of final revised proposals--to confirm apparent mistake in price proposal constituted improper discussions is denied, where mistake and intended price were apparent from face of proposal; confirmation of error therefore constituted clarification. DECISION EMS Ice, Inc., of Chesapeake, Virginia, protests the award of a contract to Integrated Marine Services, Inc. (IMS), of Chula Vista, California, under request for proposals (RFP) No. N55236-09-R-0005, issued by the Department of the Navy as a HubZone set-aside for ship ventilation cleaning services. EMS principally asserts that the Navy improperly evaluated its and IMS's proposals. We deny the protest. The RFP, issued on January 15, 2009, provided for the award of an indefinite- delivery indefinite-quantity contract for ship ventilation cleaning services on board Navy ships and other government vessels. Agency Report (AR) at 2. The RFP provided for a best value award based on evaluation of price reasonableness

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