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B-298164.2,B-298288 1 (2006-08-03)

handle is hein.gao/gaobaczon0001 and id is 1 raw text is: I G A 0Comptroller General L LA Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Alfa Consult S.A. File: B-298164.2; B-298288 Date: August 3, 2006 Paul F. Khoury, Esq., and William J. Grimaldi, Esq., Wiley Rein & Fielding LLP, for the protester. Parag J. Rawal, Esq., U.S. Army Corps of Engineers, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency's proposed corrective action--terminating protester's contract, amending solicitation and accepting revised offers--in response to protest from unsuccessful offeror is unnecessary and improper, is denied where agency reasonably concluded that solicitation was unclear regarding whether award would be based on best value or low cost/technical acceptability, and that this deficiency could have affected outcome of original competition. DECISION Alfa Consult S.A. protests the decision of the U.S. Army Corps of Engineers to take corrective action in response to a protest filed by ALMCO, Ltd. in connection with request for proposals (RFP) No. W917BG-06-R-0045 (RFP-0045). We deny the protest. The RFP, issued on January 21, 2006, contemplated the award of approximately three fixed-price, indefinite-delivery/indefinite-quantity (ID/IQ) contracts to perform construction, renovation, and related projects in Iraq. The RFP included technical and price factors, and provided that awards would be made pursuant to Federal Acquisition Regulation (FAR) § 15.101-2--which describes the process for awarding a contract on the basis of low cost/technical acceptability--to the offerors who present the best value considering technical acceptability, price, and risk. RFP at 12. However, the RFP also listed the relative importance of the technical factors and price, and provided for an adjectival rating of proposals under the technical factors,

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