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B-411435.2 1 (2015-08-05)

handle is hein.gao/gaobadrhr0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of:   Lilly Timber Services

         File:        B-411435.2

         Date:     August 5, 2015

         Blake Lilly, for the protester.
         Elin M. Dugan, Esq., Department of Agriculture, for the agency.
         Joshua R. Gillerman, Noah B. Bleicher, Esq., and Nora K. Adkins, Esq., Office of
         the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Under solicitation calling for award of fixed-price contract, protest challenging
         agency's conclusion that protester's low prices created a risk of unsuccessful
         performance is sustained where solicitation lacked any evaluation criteria that
         reasonably would have put vendors on notice that the agency intended to consider
         the realism of vendors' prices.
         DECISION

         Lilly Timber Services, a small business, of Mode, Illinois, protests the award of
         contracts to Roepke & Niemerg Tree & Conservation Service (R&N), of Effingham,
         Illinois; Higgins Outdoors, Inc., of Gays, Illinois; and Midwest Seedling Supply, Inc.
         (MSS), of Meredosia, Illinois, under request for quotations (RFQ) No. AG-5A12-S-
         15-0001, issued by the Department of Agriculture, Natural Resources Conservation
         Service (NRCS), for tree planting services in Illinois. Lilly Timber challenges the
         agency's evaluation of its price.

         We sustain the protest.

         BACKGROUND

         NRCS posted the RFQ on March 9, 2015, as a combined synopsis/solicitation
         under Federal Acquisition Regulation (FAR) subpart 12.6. The RFQ, which was set
         aside for small businesses, contemplated the award of up to six fixed-price
         contracts for six separate projects entailing bare-root seedling planting services in
         four counties in Illinois. RFQ at 1-2. The RFQ permitted vendors to submit
         quotations for any number of projects and provided that the project awards would

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