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B-401942 1 (2009-12-22)

handle is hein.gao/gaobadbgr0001 and id is 1 raw text is: G A 0 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: Milani Construction, LLC File: B-401942 Date: December 22, 2009 Adrian L. Bastianelli, III, Esq., and Lori Ann Lange, Esq., Peckar & Abramson, PC, for the protester. Timothy J. McEvoy, Esq., Cameron/McEvoy, PLLC, for Corinthian Contractors, Inc., an intervenor. Pamela Reiner Waldron, Esq., and James L. Weiner, Esq., Department of the Interior, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Under solicitation calling for award of fixed-price contract, protest challenging agency's reliance in best value tradeoff on conclusion that protester's proposed price is unrealistically low is sustained where solicitation lacked any evaluation criteria that reasonably would have put offerors on notice that agency intended to consider realism of offerors' prices as reflecting lack of understanding or risk associated with the proposal. 2. Protest challenging evaluation of offerors' technical proposals is denied where agency's evaluation is reasonable and supported by the record. DECISION Milani Construction, LLC, of Washington, D.C., protests the award of a contract to Corinthian Contractors, Inc., of Arlington, Virginia, under request for proposals (RFP) No. N20510900086, issued by the National Park Service (NPS), Department of the Interior (DOI), for the rehabilitation of Anacostia Park, Washington, D.C. Milani protests the agency's evaluation of its price and technical proposals. We sustain the protest in part and deny it in part. The RFP, issued on July 29, 2009, contemplated the award of a firm-fixed-price contract for the rehabilitation of Anacostia Park, Washington, D.C. In general terms the solicitation required the successful offeror to provide all personnel, materials,

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