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B-310442 1 (2007-12-13)

handle is hein.gao/gaobadaff0001 and id is 1 raw text is: I G A 0Comptroller General L MA 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: D&J Enterprises, Inc. File: B-310442 Date: December 13, 2007 John T. Flynn, Esq., Weinberg, Wheeler, Hudgins, Gunn & Dial, LLP, for the protester. Matthew R. Keiser, 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 challenging agency's evaluation of protester's technical proposal and resulting exclusion from competitive range is denied where record shows agency reasonably downgraded proposal on basis that it failed to address, or inadequately addressed, material solicitation requirements. DECISION D&J Enterprises, Inc. protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W912P8-07-R-0101, issued by the U.S. Army Corps of Engineers, for debris management services. D&J argues that the Corps unreasonably evaluated its technical proposal, and that its proposal's elimination from the competitive range therefore was improper. We deny the protest. The RFP provided for a best value evaluation based on price and four equally weighted technical factors: past performance; management/operations plan (with subfactors for organizational structure/key personnel, technical approach and methodology, geographic area management, safety-site specific safety and health plan, quality control plan, waste reduction/recycling strategy); small business subcontracting plan; and technical approach to sample task order (with subfactors for technical approach, production rate, use of local subcontractors, and activity hazard analysis). RFP § M, at 110.

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