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B-400342 1 (2008-10-06)

handle is hein.gao/gaobadaqr0001 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    DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to a
                                                    GAO Protective Order. This version has been approved
                                                    for public release.

          Decision

          Matter of:  Burchick Construction Company

          File:       B-400342

          Date:       October 6, 2008

          D. Matthew Jameson III, Esq., Peter H. Schnore, Esq., and Patrick R. Malone, Esq.,
          Babst Calland Clements Zomnir, P.C., for the protester.
          David A. Levine, Esq., Blumling & Gusky, LLP, for Massaro Corporation, the
          intervenor.
          Kenneth MacKenzie, Esq., Department of Veterans Affairs, for the agency.
          Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Agency failed to conduct meaningful discussions in a negotiated procurement, where
          discussions conducted with offerors were limited to cost proposals and did not
          identify significant weaknesses or deficiencies that the agency had identified in the
          protester's technical proposal.
          DECISION

          Burchick Construction Company protests the award of a contract to Massaro
          Corporation under request for proposals (RFP) No. VA-101-07-RP-0043, issued by the
          Department of Veterans Affairs (VA) for the construction of an ambulatory care
          center and related work. Burchick challenges VA's evaluation of the firm's technical
          proposal, conduct of discussions, and source selection decision.

          We sustain the protest.

          The RFP provided for the award of a fixed-price contract for the construction of a
          new ambulatory care center and associated support systems and for minor
          demolition work at the VA Pittsburgh Health Care System, H. J. Heinz Division,
          Pittsburgh, Pennsylvania. Award was to be made on a best value basis, considering
          price and the following four technical evaluation factors (listed in descending order
          of importance): past performance, construction management, schedule, and small

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