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B-408258.2 1 (2014-05-21)

handle is hein.gao/gaobadqir0001 and id is 1 raw text is: 




         SG   A    O                                                   Comptroller General
      Accountability * 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. This redacted version has
         Decision                                  [e         for pic release.



         Matter of: Windstream Communications

         File:        B-408258.2

         Date:        May 21, 2014

         William Weisberg, Esq., Law Offices of William Weisberg, PLLC, for the protester.
         Jason Blindauer, Esq., Department of Health and Human Services, for the agency.
         Matthew T. Crosby, Esq., and Sharon L. Larkin, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest challenging agency's determination that protester's proposal was
         technically unacceptable is denied where record reflects that evaluation was
         reasonable and consistent with solicitation's evaluation criteria.

         2. Protest alleging agency conducted discussions with protester that were not
         meaningful is denied where record shows exchanges between agency and
         protester were clarifications, not discussions.
         DECISION

         Windstream Communications, of Herndon, Virginia, protests the elimination
         of its proposal from the competition under request for proposals (RFP)
         No. NIHLM2013681, issued by the Department of Health and Human Services
         (HHS), National Institutes of Health, National Library of Medicine, for a wide area
         network (WAN) to connect three HHS sites. Windstream asserts that the agency's
         evaluation of its proposal was unreasonable and that the agency conducted
         discussions with the firm that were not meaningful.

         We deny the protest.

         BACKGROUND

         The solicitation, which was issued on February 19, 2013, contemplated the award
         of a fixed-price contract with a 5-month base period and four 1-year option periods.

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