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B-401868.2 1 (2009-12-14)

handle is hein.gao/gaobadbch0001 and id is 1 raw text is: AlL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Gas Turbine Engines, Inc. File: B-401868.2 Date: December 14, 2009 Ginger Denos for the protester. Debra J. Talley, Esq., and Christopher C. Schwan, Esq., U.S. Army Materiel Command, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a negotiated procurement where award was to be made on the basis of low price, agency did not conduct meaningful discussions where the agency sent identical letters to protester and other competitive-range offerors that did not inform protester that the agency viewed its proposed price to be unreasonably high; nonetheless, protest is denied where the record does not establish a reasonable possibility that the protester was prejudiced by the lack of meaningful discussions. DECISION Gas Turbine Engines, Inc. (GTE) protests the award of a contract to Prototype Engineering & Mfg., Inc., under request for proposals (RFP) No. W58RGZ-08-R-0825, issued by the U.S. Army Materiel Command for maintenance and overhaul of Flutter Dampener Assemblies that are used on the UH-60 Helicopter. GTE complains that the Army conducted inadequate and misleading discussions. We deny the protest. The RFP provided for the award of a 5-year indefinite-delivery, indefinite quantity contract to the responsive and responsible offeror whose proposal was evaluated at the lowest total cost to the government; there were no technical evaluation factors identified in the solicitation. The Army received offers from 11 vendors, which ranged in price from $8.25 million to $55.8 million. Prototype Engineering's initial price proposal was $9,396,020, and GTE's initial proposal price was $31,750,800. The proposals of all 11 offerors were included in the competitive range, although the Army's pre-negotiation objective was $8,245,643.25. See Agency Report (AR),

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