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B-400937,B-400937.3,B-400937.4 1 (2009-03-25)

handle is hein.gao/gaobadbab0001 and id is 1 raw text is: li AL G A O Comptroller General Accuntabiity * 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 been approved for public release. Matter of: The S.M. Stoller Corporation File: B-400937; B-400937.3; B-400937.4 Date: March 25, 2009 Joseph P. Hornyak, Esq., David S. Black, Esq., Allison V. Feierabend, Esq., and Jacob W. Scott, Esq., Holland & Knight LLP, for the protester. Shelley P. Turner, Esq., Mason C. Alinger, Esq., and Laura L. Hoffman, Esq., Department of Energy, for the agency. Brian W. Craver, Esq., and Stacey A. Mescall, Esq., Person & Craver, LLP, for Navarro Nevada Environmental Services, LLC, an intervenor. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging evaluation of awardee's proposed approach to complying with solicitation's performance work statement (PWS) is sustained where the record shows that a reasonable offeror would not have understood the solicitation to allow proposing a technical approach that was inconsistent with the PWS. DECISION The S.M. Stoller Corporation, of Broomfield, Colorado, protests the award of a contract to Navarro Nevada Environmental Services, LLC under request for proposals (RFP) No. DE-RP52-08NA28091, issued by the Department of Energy (DOE), National Nuclear Safety Administration (NNSA) for environmental remediation services in Nevada. Stoller contends that the agency improperly waived or relaxed a material solicitation requirement in its evaluation of Navarro's technical proposal, conducted an unreasonable cost realism evaluation, and failed to reasonably consider the risks in the awardee's proposed technical approach. We sustain the protest. BACKGROUND NNSA administers the Nevada Test Site (NTS), a 1,375 square mile restricted access site in Nevada. The NTS was the site of numerous explosives tests, including

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