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B-291482 1 (2003-01-07)

handle is hein.gao/gaobacyed0001 and id is 1 raw text is: I G A 0Comptroller General A- 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: The Austin Company File: B-291482 Date: January 7, 2003 Keith L. Baker, Esq., Barton, Baker, McMahon & Tolle, for the protester. Edward H. Kim, Esq., Whiteford, Taylor & Preston, for Poole & Kent Company/Gaudreau, Inc. Joint Venture, an intervenor. J.J. Cox, Esq., and Madeline Shay, Esq., U.S. Army Corps of Engineers, 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 In procurement for the design and construction of a laboratory to conduct research of toxic chemical warfare agents, agency properly excluded protester's proposal from the competitive range where protester's proposal was reasonably evaluated as requiring a virtual rewrite due to its failure to comply with the solicitation requirements under each of four evaluation factors. DECISION The Austin Company protests the U.S. Army Corps of Engineers' elimination of Austin's proposal from the competitive range under request for proposals (RFP) No. DACA31-02-R-0013 to design and construct an advanced chemistry laboratory (ACL) at Aberdeen Proving Ground, Maryland. Austin protests that exclusion of its proposal was based on the agency's unreasonable application of the solicitation's stated evaluation factors. We deny the protest. BACKGROUND On December 19, 2001, the agency issued RFP No. DACA31-02-R-0013, seeking proposals for the design and construction of an ACL research facility, advising offerors that the facility would be dedicated to the study of super-toxic chemical warfare agents, lethal industrial materials, related weapons of mass destruction, and defensive counter-measures. Agency Report, exh. 1, RFP at 5. Due to the facility's

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