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B-404783.2,B-404783.4 1 (2011-05-23)

handle is hein.gao/gaobadose0001 and id is 1 raw text is: 



I      QA                                                                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.
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          Decision

          Matter of:   Linc Government Services, LLC

          File:        B-404783.2; B-404783.4

          Date:        May 23, 2011

          Sean D. Forbes, Esq., and Bryant S. Banes, Esq., Neel Hooper & Banes, PC, for the
          protester.
          Steven W. Feldman, Esq., Department of the Army, for the agency.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency reasonably rejected the protester's submission on Phase I of a
          design/build construction procurement conducted in accordance with Federal
          Acquisition Regulation (FAR) subpart 36.3, where major weaknesses were found in
          the submission, such that the protester was reasonably determined to be not one of
          the most highly qualified offerors to be invited to participate in Phase I1.

          2. In a design/build construction procurement that was conducted in accordance
          with FAR subpart 36.3, agency's decision to hold discussions with only the higher
          rated phase I offerors as part of the process of determining the most highly qualified
          Phase I offerors to be invited to participate in Phase II was unobjectionable.

          3. In a design/build construction procurement that was conducted in accordance
          with FAR subpart 36.3, where an agency issues an amendment to the solicitation
          changing the evaluation criteria applicable to Phase I of the acquisition after the
          Phase I submissions were received, and the amendment allows for revisions to the
          Phase I submissions, but does not provide a closing date, an agency is not required
          to consider revisions to a submission that are provided more than 2 months after the
          amendment was issued; after the agency completed what was, in essence, a
          competitive range exclusion; and after the agency advised the offeror in a debriefing
          of the problems found in its submission.

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