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B-411760.3 1 (2016-06-15)

handle is hein.gao/gaobadshj0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States U n ite d S tate s G o v e rn m e n t A c c o u nta b ility O ff ice ---------------------------------------------------------------------------------------------------------------------- Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c is io n ----------------------------------------------------------------------------------------------------------------------. Matter of: Department of the Army--Reconsideration and Request for Modification of Recommendation File: B-411760.3 Date: June 15, 2016 Lt. Col. Jose A. Cora, Maj. Melvin Lee, and Scott N. Flesch, Esq., Department of the Army, for the agency. Johnathan M. Bailey, Esq., Bailey & Bailey, P.C., for the protester Jonathan L. Kang, Esq., and Cherie J. Owen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's request for reconsideration of a decision sustaining a protest that a solicitation for the procurement of commercial waste management services improperly included terms and conditions that were not consistent with customary commercial practice is denied where the agency's request does not demonstrate that the decision contained material errors of fact or law. 2. Agency's request that we modify our recommendation to reimburse the protester's costs of pursuing its successful protest is denied, as the request, in essence, addresses the amount to be reimbursed, rather than whether the protester should be reimbursed. DECISION The Department of the Army requests that we reconsider our decision in Red River Waste Solutions, LP, B-411760.2, Jan. 20, 2016, 2016 CPD T 45, in which we sustained the protest filed by Red River Waste Solutions, LP (RRWS), of Dripping Springs, Texas, concerning the terms of request for proposals (RFP) No. W91247- 15-R-0026, which was issued by the Army for solid waste management services at or near Fort Polk, Louisiana. The Army argues that our decision contained errors of law and fact that warrant reconsideration of our decision. The Army also requests that, in the event we do not reconsider the merits of our decision, we modify our recommendation that the agency reimburse RRWS's costs of filing and pursuing its protest to reflect that the protester did not prevail on all of the arguments raised.