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B-404758 1 (2011-04-28)

handle is hein.gao/gaobadbub0001 and id is 1 raw text is: Ii .L 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: MG Mako, Inc. File: B-404758 Date: April 28, 2011 Gabriel Reza, MG Mako, Inc., for the protester. Maj. Christine C. Fontenelle, Department of the Army, for the agency. Cherie J. Owen, Esq., and Sharon L. Larkin, 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 coordinate with local utility company to minimize electrical outages. DECISION MG Mako, Inc. protests the rejection of its proposal for failure to acknowledge a solicitation amendment under request for proposals (RFP) No. W912LA-11-R-0001, issued by the Department of the Army for maintenance, repair, construction, and design/build services in support of National Guard activities in Southern California. MG Mako contends that the amendment was not material and that the firm's failure to acknowledge it should be waived as a minor informality. We deny the protest. The RFP, issued as a small business set-aside on November 4, 2010, as a multiple award indefinite-delivery/indefinite-quantity (ID/IQ) contract contemplates the award of multiple task orders over a 2-year base period and three 1-year option periods. As relevant here, the solicitation involves substantial electrical work. The RFP contains over 80 pages of detail regarding the electrical requirements of the procurement. RFP at 260100-1 to 269020-3. In a conference call with the parties, the agency explained that the scope of work involves 30 panels and roughly 600 circuits. Fax Confirmation of GAO Conference Call with the Parties at 1.

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