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B-411717.5 1 (2015-11-19)

handle is hein.gao/gaobadrqw0001 and id is 1 raw text is: 



f\      G     A                                                          Comptroller General
               ~ty * Integrity * Rel lability                             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:  LOTOS S.r.I.

           File:       B-411717.5

           Date:       November 19, 2015

           Herman M. Braude, Esq., and Edward Manchester, Esq., Braude Law Group, PC,
           for the protester.
           Kenneth J. Rich, Sr., Esq., Department of the Navy, Naval Facilities Engineering
           Command, for the agency.
           K. Nicole Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           In a procurement conducted under two-phase design-build selection procedures,
           protest of agency's decision to eliminate protester's phase one proposal from further
           competition is denied where the record shows that the agency reasonably found the
           proposal unacceptable under the solicitation's technical approach factor.
           DECISION

           LOTOS S.r.l., located in Catania, Italy, protests the exclusion of its proposal from the
           second phase of competition, under request for proposals (RFP) No.
           N33191-15-R-0821, issued by the Department of the Navy, Naval Facilities
           Engineering Command, for design-build and design-bid-build services to be
           performed in Sigonella, Italy. LOTOS argues that the agency improperly evaluated
           its phase one proposal and unreasonably eliminated it from phase two of the
           competition.

           We deny the protest.

           BACKGROUND

           The agency issued the RFP on March 11, 2015, contemplating the award of
           approximately five indefinite-delivery/indefinite-quantity contracts, under a
           multiple-award construction contract, for a one-year base period and four one-year
           option periods. RFP at 18. The RFP sought the performance of construction
           projects located in the Sigonella area of operation, including the construction,

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