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B-291121 1 (2002-11-19)

handle is hein.gao/gaocrptaoid0001 and id is 1 raw text is: 




          G    A     0                                                 Comptroller General
Accountability * Integrity* Reliability                                of the United States
United States General Accounting 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: Shaw Infrastructure, Inc.

          File:        B-291121

          Date:        November 19, 2002

          Richard L. Moorhouse, Esq., Patricia H. Wittie, Esq., and Stephen M. Sorett, Esq.,
          Reed Smith, for the protester.
          Capt. Ronald D. Sullivan, Raymond M. Saunders, Esq., Gerald Krimbill, Esq., and
          Kim Judd, Esq., Department of the Army, for the agency.
          Glenn G. Wolcott, Esq., and Michael R. Golden, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Agency reasonably concluded that protester's proposal was unacceptable and that it
          would not engage in further negotiations with the protester, where protester's final
          proposal submission, following repeated, extensive discussions and submission of
          multiple proposal revisions, contained multiple errors and inconsistencies and failed
          to comply with the solicitation requirements.
          DECISION

          Shaw Infrastructure, Inc. protests the Department of the Army's determination that
          Shaw's proposal to perform base operation support services at Fort Sam Houston,
          Texas, was unacceptable. Shaw's proposal responded to request for proposals
          (RFP) No. DADA1O-00-R-0013, which the Army issued in connection with an Office
          of Management and Budget (OMB) Circular A-76 commercial activities study. Shaw
          protests that the agency unreasonably found Shaw's proposal to be unacceptable
          and improperly declined to engage in further negotiations with Shaw.

          We deny the protest.

          BACKGROUND

          On July 31, 1998, the Department of the Army publicly notified Congress that the
          Army intended to perform an A-76 commercial activities study with regard to base
          operations support activities at Fort Sam Houston. Between July 1998 and January
          2001, the agency engaged in various activities necessary for performing an A-76
          study, including identification of the specific tasks to be covered by the study and

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