About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-401633 1 (2009-10-23)

handle is hein.gao/gaobadbah0001 and id is 1 raw text is: 


   Ii
   .L

 A       GA       O                                                  Comptroller General
f. A    Accountabity * Integrity * Reliability                        of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D  ..
          Decision


          Matter  of:  Mike Kesler Enterprises

          File:        B-401633

          Date:        October 23, 2009

          Mike Kesler for the protester.
          Adam  J. Hermann, Esq., Department of Agriculture, for the agency.
          Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Agency reasonably determined that protester's proposal for road reconditioning
          work did not provide sufficient detail regarding the accomplishment of the work and
          was therefore technically unacceptable.
          DECISION

          Mike Kesler Enterprises of Darlington, Idaho protests the award of a contract to
          Cook  & Sons Construction, of White Bird, Idaho, under request for proposals (RFP)
          No. AG-0295-S-09-0016, issued by the Department of Agriculture, Forest Service, for
          the Crooked River Road surfacing project in the Nez Perce National Forest in Idaho.
          The protester argues that its proposal was unreasonably rejected as technically
          unacceptable.

          We  deny the protest.

          The RFP, issued as a Small Business Historically Underutilized Business Zone
          (HUBZone)  set-aside, contemplated the award of a fixed-price contract for road
          reconditioning, removal and reinstallation of open top cross drains, and supply and
          replacement of material and aggregate on approximately 6 miles of Crooked River
          Road.

          The RFP  stated that award would be made to that offeror (1) whose proposal is
          technically acceptable and (2) whose technical/cost relationship is the most
          advantageous to the Government. RFP at 101. The equally weighted technical
          factors were past performance, production schedule, and experience and
          qualifications. RFP at 100-01. Offerors were advised that the content of their

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most