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B-401961,B-401961.2 1 (2009-12-22)

handle is hein.gao/gaobadbjz0001 and id is 1 raw text is: G A 0Comptroller 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 version has been approved for public release. Decision Matter of: AMEC Earth & Environmental, Inc. File: B-401961; B-401961.2 Date: December 22, 2009 Holly A. Roth, Esq., Andrew J. Genz, Esq., Jacqueline E. Browder, Esq., and Jennifer R. Belcher, Esq., McDermott Will & Emery, LLP, for the protester. James J. McCullough, Esq., Steven A. Alerding, Esq., and William S. Speros, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Perini Corp.; Stephen B. Shapiro, Esq., Livya L. Heithaus, Esq., and Cheryl A. Feeley, Esq., Holland & Knight LLP, for The Haskell Co.; Richard B. O'Keeffe, Jr., Esq., and Julie A. Dunne, Esq., Wiley Rein LLP for CDM Constructors, Inc.;, and William M. Dozier, Esq., Neil S. Lowenstein, Esq., and Gretchen M. Baker, Esq., Vandeventer Black LLP, for TtEC-Tesoro Joint Venture, the intervenors. Timothy A. Chenault, Esq., United States Coast Guard, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging adequacy of discussions with protester is sustained where the record shows that, by asking specific questions regarding the protester's proposed management software tool, the agency did not convey the true nature of its concern-- that the proposed software tool was generally inappropriate for the project and increased the risk of performance. 2. Under solicitation which required offerors to identify environmental issues and complications related to performing work at a particular site, agency improperly evaluated offers based on different understandings of the solicitation requirements where the agency did not inform offerors that it did not consider the site to be a wetland, but the protester reasonably concluded (from publicly available information) that the site could be considered a wetland, and the agency evaluated its proposal on that basis, while at the same time evaluating other offerors' proposals on the assumption that the site was not a wetland; as a result, agency's evaluation was contrary to the fundamental principle that a solicitation must provide for the submission of proposals based on a common understanding of the agency's requirements.

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