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![handle is hein.gao/gaocrptappo0001 and id is 1 raw text is:
A G A O 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.
Decision
Matter of: ProTech Corporation
File: B-294818
Date: December 30, 2004
Patrick S. Hendrickson, Esq., for the protester.
Derek D. Crick, Esq., Preston Gates Ellis, for Atherton Construction, Inc., the
intervenor.
Roger Christopher Paden, Esq., Department of the Army, and John W. Klein, Esq.,
and Kenneth Dodds, Esq., Small Business Administration, for the agencies.
Charles W. Morrow, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Selection of higher-rated, higher-priced proposal over lower-rated, lower-priced one
was unreasonable, where the weight applied to the evaluation factors in the source
selection decision differed from that announced in the solicitation.
DECISION
ProTech Corporation protests the award of a contract to Atherton Construction, Inc.
under request for proposals (RFP) No. W912DQ-04-R-0015, issued by the U.S. Army
Corps of Engineers, for the construction of military family housing.
We sustain the protest in part and deny it in part.
The RFP provided for the award of fixed-price contract for construction services
described as a Site Adapt/Design Build of 62 new military family housing units,
consisting of 30 duplexes and two single story detached units. The construction
project was divided into three phases, which the contractor was required to perform
in the following sequence: phase one -- design and optional fast-track construction;
phase two -- construction of new family housing units; and phase three - demolition
of existing family housing units. See RFP at 1, 202. With respect to phase two, the
RFP advised that [t]he contractor will not be allowed to start construction of any
portion of any housing unit, including its foundation until all main utilities are](ViewImageLocal?handle=hein.gao/gaocrptappo0001&div=1&collection=&method=preview&ext=.png&size=3)