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B-401537.2 1 (2009-11-09)

handle is hein.gao/gaobadbay0001 and id is 1 raw text is: li AL A , GA O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Trison Construction, Inc. File: B-401537.2 Date: November 9, 2009 Joel S. Rubinstein, Esq., Lawrence M. Prosen, Esq., and Sean P. Bamford, Esq., K&L Gates LLP, for the protester. Vera Meza, Esq., Department of the Army, for the agency. Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably limited competition for renovation services to holders of indefinite-delivery, indefinite-quantity, multiple-award, task-order contracts, where the record shows that this acquisition approach was necessary to meet the agency's urgent requirements. DECISION Trison Construction, Inc. of College Park, Maryland, protests the decision of the U.S. Army Research, Development and Engineering Command to limit competition for the procurement of construction services at the Aberdeen Proving Ground (APG), Maryland to firms with indefinite-delivery/indefinite-quantity, multiple-award, task-order contracts (MATOC). This decision followed the Army's proposed corrective action in response to Trison's prior protest of award of a contract to EEC Incorporated under invitation for bids (IFB) No. W91ZLK-09-B-0002. Based upon the Army's promise that it would terminate EEC's contract and resolicit under a different solicitation, we dismissed Trison's prior protest as academic. We deny the protest. The IFB provided for award of a construction contract for renovations to Building No. 316 at the Aberdeen Proving Ground. The Army received 13 bids, 6 of which were found to be responsive. Contracting Officer Statement, Sept. 4, 2009, at 1. Award was made to EEC, the apparent low bidder on June 23. Trison, the second low bidder, protested to our office on June 29 challenging the agency's price evaluation. In response to the protest, the agency determined that the IFB was

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