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B-400721,B-400722 1 (2009-01-12)

handle is hein.gao/gaobadarz0001 and id is 1 raw text is: iL G A O Comptroller General countabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Capitol Drywall Supply, Inc. File: B-400721; B-400722 Date: January 12, 2009 Kenneth E. O'Quinn for the protester. Howard E. Strackbein, Esq., Army Corps of Engineers, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's evaluation of protester's proposal is denied where the record establishes that the evaluation was reasonable and consistent with the solicitation's evaluation criteria. DECISION Capitol Drywall Supply, Inc. (CDS) of Jackson, Mississippi protests the evaluation of its proposal under request for proposals (RFP) No. W9126G-08-R-0119, issued by the Army Corps of Engineers for construction materials. CDS contends that, since the firm has been stocking, storing, and delivering material for 15 years, its proposal was unreasonably downgraded under the solicitation's evaluation factors. Protest at 1. 'In its protest, CDS stated that it had submitted the same proposal for two solicitations (for different geographical regions), and challenged that the same proposal information was evaluated differently under each solicitation; accordingly, we opened as a separate protest (B-400722) its challenge to its proposal's lower evaluation ratings under the second solicitation, RFP No. W9126G-08-R-0121. The agency filed a separate report responding to that protest. CDS failed to file comments in response to that report, as required by our Bid Protest Regulations; accordingly, we dismiss that protest. 4 C.F.R. § 21.3(i) (2008); Prio-Leau Culinary Servs., Inc.--Recon., B-236373.6, Jan. 23, 1990, 90-1 CPD ¶ 90 at 1. CDS also generally challenged that two awards were made under the solicitation at issue in protest B-400721, instead of as many as four awards, as provided in the RFP. Protest at 1. The agency responded to the allegation in its report on the protest, explaining that (continued...)

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