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B-294572.3 1 (2005-10-20)

handle is hein.gao/gaocrptaqsp0001 and id is 1 raw text is: A G 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 been approved for public release. Decision Matter of: Spherix, Inc. File: B-294572.3; B-294572.4 Date: October 20, 2005 Eric J. Marcotte, Esq., Nathan C. Guerrero, Esq., and Scott A. Schipma, Esq., Winston & Strawn, for the protester. Joseph D. West, Esq., Robert S. Metzger, Esq., Michael K. Murphy, Esq., Pepin A. Tuma, Esq., and Mary Ita Snyder, Esq., Gibson, Dunn & Crutcher, for ReserveAmerica NY, Inc., the intervenor. Mark G. Garrett, Esq., Department of Agriculture, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest sustained where several significant technical discriminators in the cost/technical tradeoff justifying award lacked a reasonable basis. 2. Agency misled protester regarding the propriety of offering alternative implementation plan that did not comply with the solicitation requirements when it recognized a strength in the awardee's proposal for making such a proposal while specifically advising the protester that the required implementation plan was that stated in the solicitation. DECISION Spherix, Inc. protests the award of a contract to ReserveAmerica NY, Inc. under request for proposals (RFP) No. WO-04-06VM, issued by the Department of Agriculture, Forest Service, for the National Recreation Reservation Service (NRRS). This protest follows a decision by our Office, Spherix, Inc., B-294572, B-294572.2, Dec. 1, 2004, 2005 CPD 3, sustaining Spherix's protest of the agency's previous award to ReserveAmerica under this RFP, and the agency's subsequent request for and evaluation of revised proposals. Spherix's present protest challenges the agency's conduct of discussions, evaluation of revised proposals, and latest source selection decision. We sustain the protest.

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