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B-292052 1 (2003-05-19)

handle is hein.gao/gaobacyhx0001 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 Washington, DC 20548 Decision Matter of: Independence Construction, Inc. File: B-292052 Date: May 19, 2003 Jay Stoddard for the protester. Mark G. Garrett, Esq., Department of Agriculture, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency did not misevaluate protester's proposal using unstated evaluation criteria, where the weaknesses found in the protester's proposal were reasonably encompassed in the evaluation factors and were attributable to a lack of detail in the protester's proposal. DECISION Independence Construction, Inc. protests the award of a contract to DG&S Co. under request for proposals (RFP) No. R1-04-03-12, issued by the Department of Agriculture, Forest Service, for the restoration and construction of roads and a segment of Hamilton Creek in the Idaho Panhandle National Forests. Independence contends that the agency misevaluated its technical proposal using unstated evaluation criteria. We deny the protest. The RFP, issued September 19, 2002, provided for award of a fixed-price contract to the offeror whose proposal is technically acceptable and ... whose technical/cost relationship is the most advantageous to the Government. RFP at 85. The evaluation factors were past performance, technical approach/organization structure, and cost/price. The first two factors were said to be of equal importance and together were more important than cost. The technical approach/organization structure factor included four subfactors: (1) how the project will be managed and staffed, addressing the contractor's proposed schedule of operations; (2) skills and skill levels within the firm to accomplish the project; (3) quality control; and (4) safety. RFP at 85-86.

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