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B-401445 1 (2009-08-28)

handle is hein.gao/gaobadazf0001 and id is 1 raw text is: 


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A     ,   G    A   O                                                   Comptroller General
        Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548                                  DOCUMENT   FOR PUBLIC  RELEASE
                                                      The decision issued on the date below was subject to
                                                      a GAO Protective Order. This redacted version has
             Decision                                 been approved for public release.


          Matter  of:  American Technologies, Inc.

          File:        B-401445

          Date:        August 28, 2009

          Keith D. Williams, Esq., Marquis & Aurbach, for the protester.
          Terry E. Thomason, Esq., and Jessica Y. K. Wong, Esq., Alston Hunt Floyd & Ing, for
          Environet, Inc., an intervenor.
          Matthew  R. Keiser, Esq., U.S. Army Corps of Engineers, for the agency.
          Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency conducted inadequate evaluation of awardee's proposed price,
          which was significantly below government estimate, is denied where record shows
          agency conducted systematic and well-documented evaluation of awardee's price,
          consistent with solicitation requirements.
          DECISION

          American Technologies, Inc. (ATI) of Oak Ridge, Tennessee, protests the award of a
          contract to Environet, Inc., of Honolulu, Hawaii, under request for proposals (RFP)
          No. W9128A-09-R-0011, issued by the U.S. Army Corps of Engineers for services
          related to identification and disposition of munitions at former defense sites in
          Hawaii. The protester asserts that the agency did not reasonably evaluate
          Environet's price, which was so low that Environet's proposal should have been
          eliminated from the competition.

          We deny the protest.

          The RFP, issued on February 17, 2009, contemplated the award of a single
          fixed-price, indefinite-delivery indefinite-quantity contract for a base year, with
          4 option years, to safely locate, identify, recover, evaluate, manage, and make final
          disposition of munitions and explosives of concern (MEC), principally at the
          former Waikoloa Maneuver  Area (WMA)  in Hawaii. Contracting Officer's Statement
          (COS) at 1; RFP at 1, 23.

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