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B-400342.3 1 (2009-04-20)

handle is hein.gao/gaobadavl0001 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: Burchick Construction Company File: B-400342.3 Date: April 20, 2009 D. Matthew Jameson III, Esq., Peter H. Schnore, Esq., and Patrick R. Malone, Esq., Babst Calland Clements Zomnir, P.C., for the protester. 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 Selection of higher-rated, higher-priced proposal is unobjectionable where the selection official reasonably determined that awardee's higher technical rating outweighed the protester's lower price. DECISION Burchick Construction Company of Pittsburgh, Pennsylvania, protests the award of a contract to Walsh Construction Company of Chicago, Illinois, under request for proposals (RFP) No. VA-101-07-RP-0043, issued by the Department of Veterans Affairs (VA) for construction services. Burchick challenges VA's evaluation of the firm's technical proposal, conduct of discussions, and source selection decision. We deny 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/experience, construction management, schedule,

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