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B-407948.9 1 (2013-09-24)

handle is hein.gao/gaobadpua0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * 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. The complete decision has
                                                    been approved for public release.
         D e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Nuclear Production Partners, LLC

         File:        B-407948.9

         Date:        September 24, 2013

         Kenneth B. Weckstein, Esq., Tammy Hopkins, Esq., Pamela A. Reynolds, Esq., and
         Michael D. Maloney, Esq., for Nuclear Production Partners LLC.
         Marcia G. Madsen, Esq., David F. Dowd, Esq., and Polly A. Myers, Esq.,
         Mayer Brown LLP, for Consolidated Nuclear Security LLC, the intervenor.
         H. Jack Shearer, Esq., Charmaine A. Howson, Esq., Young H. Cho, Esq.,
         Shelley P. Turner, Esq., JiSan Lopez, Esq., and William L. Mayers, Esq.,
         Department of Energy, 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. Protest allegations challenging the adequacy of discussions and the limitations
         on proposal revisions in connection with the agency's ongoing source selection
         process are dismissed as premature.

         2. Protester's assertion that the agency is required to amend the solicitation to
         reflect various changes that have occurred due to the passage of time is denied.

         3. Protest that proposed cost savings, which the solicitation stated would be
         evaluated under the technical/management evaluation factors, should be subject to
         the Federal Acquisition Regulation's cost realism requirements is not timely filed
         where terms of the solicitation advised offerors that only offerors' fees would be
         used as the evaluated cost for purposes of the best value determination.
         DECISION

         Nuclear Production Partners LLC (NPP), of Lynchburg, Virginia, protests the
         Department of Energy (DOE), National Nuclear Security Administration's (NNSA)
         implementation of corrective action taken in connection with request for proposals
         (RFP) No. DE-SOL-0001458 to obtain services associated with maintaining and
         securing the nation's nuclear weapons. The agency's actions are being taken in
         response to this Office's decision which sustained, in part, NPP's prior protest

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