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B-292415 1 (2003-09-09)

handle is hein.gao/gaobacykt0001 and id is 1 raw text is: I G A 0Comptroller 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: Strand Hunt Construction, Inc. File: B-292415 Date: September 9, 2003 Terry R. Marston II, Esq., Marston & Heffernan, for the protester. David M. Freeman, Esq., Freeman & Watts, for H.C. Price Co., the intervenor. Kevin Finnigan, Esq., U.S. Army Corps of Engineers, for the agency. Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of corrective action taken in response to a post-award agency-level protest is denied where agency determined that it had made award on the basis of a technically noncompliant proposal, and that the solicitation exceeded the agency's actual minimum needs. Agency decision to terminate contract, amend the solicitation and reopen the competition constitutes reasonable means of correcting the errors in the procurement. DECISION Strand Hunt Construction, Inc. protests the decision by the United States Army Corps of Engineers to terminate for convenience Strand's contract awarded under solicitation No. DACA85-02-R-0024, amend the RFP and conduct a new evaluation and make a best value determination based on the new offers. The Corps's action is based on its conclusion that corrective action is required, made in response to an agency-level protest which had challenged the award on a number of grounds, in particular that the Corps had waived or relaxed certain solicitation requirements solely for Strand. The Corps's review led it to conclude that Strand's proposal was noncompliant with two material RFP technical requirements, and that the solicitation did not accurately reflect the agency's actual minimum needs. Strand asserts that the Corps lacks a reasonable basis to terminate its contract and begin the process anew because the firm that filed the agency-level protest was not prejudiced by the Corps's actions. We deny the protest.

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