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B-311263,B-311263.2 1 (2008-05-27)

handle is hein.gao/gaobadarf0001 and id is 1 raw text is: AlL A , G A O Comptroller General ,, ,,,,,,,,Accountabiity * 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. D e c is io n ........................................................... Matter of: HydroGeoLogic, Inc. File: B-311263; B-311263.2 Date: May 27, 2008 Holly A. Roth, Esq., and Amandeep S. Sidhu, Esq., McDermott Will & Emery, LLP, for the protester. Thomas C. Papson, Esq., and Matthew T. Crosby, Esq., McKenna Long & Aldridge LLP, for Innovative Technology Solutions, Inc., the intervenor. Jonathan S. Baker, Esq., Environmental Protection Agency, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a procurement for architecture-engineer (A-E) services, protest challenging the agency's decision not to select the protester as the highest-ranked firm with which to negotiate is denied where the record shows that the agency reasonably relied on key discriminators to select the highest-ranked firm. 2. In a procurement for A-E services, protest that the agency conducted inadequate discussions by failing to properly advise the protester on weaknesses in its submission is denied where the questions posed by the agency concerned the offeror's concepts and methods, consistent with the Federal Acquisition Regulation (FAR) provisions applicable to A-E procurements; FAR provision regarding content of discussions in negotiated procurements does not apply to A-E procurements. DECISION HydroGeoLogic, Inc. (HGL) protests the failure of the Environmental Protection Agency (EPA) to select it as the highest-ranked firm, with whom the EPA would then negotiate an architect-engineer (A-E) contract for professional services to support remedial planning and oversight activities in EPA's Region 9. HGL alleges that the agency's evaluation of its submission under certain factors was unreasonable; the agency failed to conduct adequate discussions and unreasonably evaluated the firm's submission based on the discussions that it did hold; and the most highly-ranked firm was ineligible for award because information contained in its submission indicated that it is incapable of complying with the subcontracting limitation.

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