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B-287019.2,B-287019.3,B-287021.2,B-287021.3: Sep 14, 2001

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A firm protested two Department of the Navy contract awards for personnel support services, contending that (1) the Navy failed to hold meaningful discussions by improperly encouraging the protester to raise its direct labor rates to the point where it was no longer the lowest-price offeror for these contracts, and (2) the Navy misevaluated both its and the awardee's past performance. GAO found that (1) even if the Navy made the claimed change, offerors cannot reasonably rely on an oral modification to a solicitation which is inconsistent with its written terms, absent a written amendment, or confirmation of the modification, and (2) the Navy reasonably evaluated the protester's and the awardee's past performance. Accordingly, the protest was denied.

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