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B-401793 1 (2009-11-23)

handle is hein.gao/gaobadbcm0001 and id is 1 raw text is: li AL G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office 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 Decision been approved for public release. Matter of: M. Matt Durand, LLC File: B-401793 Date: November 23, 2009 Mary Elizabeth Hall, Esq., Mockbee Hall Drake & Hodge Law Firm, for the protester. Janis R. Millete, Esq., U.S. Army Corps of Engineers, for the agency. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that, during discussions, agency permitted other offerors, but not protester, to address issues regarding borrow site for earthen clay fill material, and that discussions therefore were unequal, is denied where agency was unaware of deficiency in protester's proposal with regard to borrow site at time of discussions; consistent with solicitation, agency obtained information regarding proposed borrow site issues subsequent to discussions. 2. Contracting officer reasonably eliminated protester's proposal from competition where its proposed earthen clay borrow site was determined to be unacceptable due to failure to meet environmental requirements, and she had no reason to question that determination. DECISION M. Matt Durand, LLC, of St. Martinsville, Louisiana, protests the rejection of its proposal under request for proposals (RFP) No. W912P8-08-R 0022, issued by the U.S. Army Corps of Engineers for services and supplies related to delivery of earthen clay material for improving the Greater New Orleans Area Hurricane and Storm Damage Risk Reduction System. Durand principally asserts that the Corps conducted unequal discussions and unreasonably eliminated its proposal from the competitive range. We deny the protest. The RFP, issued on June 3, 2008, provided for award to the offeror submitting the lowest priced, technically acceptable proposal. RFP at 143-46. Technical

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