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B-400709 1 (2008-12-22)

handle is hein.gao/gaobadarm0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Sauer, Incorporated File: B-400709 Date: December 22, 2008 Kent P. Smith, Esq., Smith Currie & Hancock LLP, for the protester. Peter N. Ralston, Esq., Oles Morrison Rinker Baker LLP, for Oregon Iron Works, Inc., an intervenor. Kevin M. Finley, Esq., U.S. Army Corps of Engineers, for the agency. Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency unreasonably evaluated proposal as technically unacceptable is denied where the record shows that the evaluation was reasonable and consistent with the solicitation's stated evaluation criteria. DECISION Sauer, Incorporated of Jacksonville, Florida protests the award of a contract to Oregon Iron Works, Inc. of Clackamas, Oregon under request for proposals (RFP) No. W912QR-08-R-0072, issued by the U.S. Army Corps of Engineers for construction of Markland Lock and Dam miter gates. Sauer challenges the agency's evaluation of its proposal. We deny the protest. The RFP was issued on July 29, 2008 for the fabrication and delivery of two miter gates for the 1200 foot chamber at the Markland Lock. The RFP anticipated the award of a fixed-price contract to the lowest-price technically acceptable offeror. The RFP stated that the agency would use a go/no go evaluation system and would evaluate proposals using four evaluation factors: technical approach, experience, past performance and price. The experience evaluation factor was comprised of five subfactors: prime contractor experience, welding experience, weld testing experience, large structure handling experience and individual personnel experience. Additionally, there were two subfactors under the past performance evaluation factor: past performance and utilization of small business. RFP § 4.

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