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B-400753.3 1 (2009-03-25)

handle is hein.gao/gaobadavj0001 and id is 1 raw text is: 




         G     A     O                                                 Comptroller General
       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:  W.G. Yates & Sons Construction Company

          File:        B-400753.3

          Date:        March 25, 2009

          James F. Nagle, Esq., and Jonathan A. DeMella, Esq., Oles Morrison Rinker & Baker
          LLP, for the protester.
          Kenneth B. Weckstein, Esq., Michael D. Maloney, Esq., and Pamela A. Reynolds, Esq.,
          Brown  Rudnick LLP, for Walton Construction Company, LLC, an intervenor.
          Charles L. Webster III, Esq., Corps of Engineers, for the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest challenging contracting agency's evaluation of protester's proposal is
          denied where agency's evaluation was reasonable and in accordance with the
          solicitation evaluation criteria.

          2. Price/technical tradeoff was reasonable where source selection official identified
          technical distinctions between competing proposals and specifically determined that
          higher technically rated proposal represented best value despite higher price.
          DECISION

          W.G. Yates & Sons Construction Company, of Oxford, Mississippi, protests the
          award of a contract to Walton Construction Company, LLC, of Harahan, Louisiana,
          under request for proposals (RFP) No. W9162G-08-R-0192, issued by the Corps of
          Engineers, Department of the Army, for the design and construction of military
          barracks and central energy plants at Fort Polk, Louisiana. Yates argues that the
          agency's evaluation of its proposal and subsequent source selection decision were
          improper.


We  deny the protest.

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