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B-404847.6 1 (2012-01-25)

handle is hein.gao/gaobadooq0001 and id is 1 raw text is: G A O0 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Advanced Construction Techniques, Inc. File: B-404847.6 Date: January 25, 2012 Barbara G. Werther, Esq., Paul M. Vincent, Esq., Christian F. Henel, Esq., and Jackson B. Boyd, Esq., Ober, Kaler, Grimes & Shriver, for the protester. Michael A. Branca, Esq., Lori Ann Lange, Esq., and Aaron Brotman, Esq., Peckar & Abramson, PC, for Bauer Foundation, Corp., an intervenor. Michelle F. Barczak, Esq., and Thomas M. Browder, III, Esq., Department of the Army, Corps of Engineers, for the agency. Susan K. McAuliffe, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest of agency's technical evaluation is denied where protester fails to show that weaknesses attributed to its proposal were unreasonable. 2. Notwithstanding the lack of a specific price realism evaluation factor, source selection authority's (SSA) best-value tradeoff decision properly questioned whether protester's low price was realistic, where the solicitation provided for the evaluation of an offeror's understanding of technical requirements, as well as an assessment of the risks associated with an offeror's proposal, and the SSA concluded that protester's low price appeared to stem directly from specific concerns regarding the protester's lack of technical understanding and risks inherent in its proposal. DECISION Advanced Construction Techniques, Inc. (ACT), of Wilmington, Delaware, protests the award of a contract to Bauer Foundation Corp., of Edessa, Florida, under request for proposals (RFP) No. W912P5-09-R-001 1 issued by the Department of the Army, Corps of Engineers for the construction of a barrier wall at Center Hill Dam, Dekalb County, Tennessee. ACT contends that the agency unreasonably evaluated its proposal, failed to conduct meaningful discussions with ACT regarding cited weaknesses in its proposal, and made an unreasonable and improper best- value award decision.

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