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B-403437.2 1 (2010-12-16)

handle is hein.gao/gaobadbpi0001 and id is 1 raw text is: 


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

              D   ..
           Decision


           Matter of:  Source Diversified, Inc.

           File:       B-403437.2

           Date:       December   16, 2010

           Alfred Ortiz for the protester.
           Neil Stroud, Esq., Environmental Protection Agency, for the agency.
           Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Protester's post-award complaint that the agency did not respond to protester's
           concerns regarding the terms of the solicitation constitutes a protest challenging the
           terms of the solicitation, and is not timely filed.

           2. There is no requirement for an agency to engage in post-closing-date
           communications  with vendors responding to a request for quotations; accordingly,
           protest that agency failed to communicate with protester during the evaluation
           process fails to state a valid basis.

           3. Where solicitation provided that price would be evaluated on the basis of the total
           price submitted for all services, for all contract periods, protester's assertion that the
           agency should have subtracted a portion of the its total quoted price fails to state a
           valid basis.

           4. In procurement conducted pursuant to Federal Acquisition Regulation
           subpart 8.4, agency's evaluation of the protester's past performance was reasonable,
           and agency was not required to discuss adverse past performance information with
           the protester.
           DECISION

           Source Diversified, Inc. (SDI), of San Clemente, California, protests the
           Environmental Protection Agency's (EPA) award of a purchase order to ARH, LLC,
           of Woodland Park, Colorado, pursuant to request for quotations (RFQ) No. RFQ-PR-
           DC-10-00129 to provide a software system to assist EPA in responding to customer
           inquiries sent through Internet web sites, e-mails, and call centers. SDI, the

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