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B-311020.3 1 (2009-01-14)

handle is hein.gao/gaobadasa0001 and id is 1 raw text is: JiL .L A GA O Comptroller General .,u in Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Cherokee Painting LLC File: B-311020.3 Date: January 14, 2009 Melanie Breeden for the protester. Michael P. Byrne, Esq., Lane & Waterman LLP, for Wind River Construction, an intervenor. Christopher S. Cole, Esq., Department of the Air Force, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency should have rejected awardee's proposal for offering unbalanced prices is denied where awardee's price was low overall and agency considered risk of high and low line item prices for contract performance and reasonably determined that awardee's pricing did not pose unacceptable risk to government. DECISION Cherokee Painting LLC, of Midwest City, Oklahoma, protests the award of a contract to Wind River Construction, of Lawton, Oklahoma, under request for proposals (RFP) No. FA8101-07-R-0023, issued by the Department of the Air Force for protective coating work at Tinker Air Force Base, Oklahoma. Cherokee (the incumbent contractor) argues that Wind River's pricing was unbalanced and that its proposal should have been rejected on this basis.' We deny the protest. 1 The protester was not represented by counsel who could be admitted to a protective order, and therefore did not have access to source selection sensitive and proprietary information. Accordingly, our discussion in this decision is necessarily general. Our conclusions, however, are based on our review of the entire record.

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