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B-299551.5 1 (2008-06-30)

handle is hein.gao/gaobadbbf0001 and id is 1 raw text is: 







         G     A     0                                                 Comptroller General
       countabiity Integrity * Reliabilty                               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:  Robinson's Lawn Services, Inc.

          File:        B-299551.5

          Date:        June 30, 2008

          Kenneth M. Bruntel, Esq., Charlotte E. Gillingham, Esq., and Jon D. Levin, Esq.,
          Crowell & Moring LLP, for the protester.
          Timothy H. Power, Esq., Timothy H. Power Law Office, for R-CON Construction,
          Inc., an intervenor.
          David L. Nimmich, Esq., Naval Facilities Engineering Command, for the agency.
          Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest that agency's evaluation and source selection decision were flawed is
          denied where the record shows that both the evaluation and the resulting selection
          decision were reasonable and consistent with the solicitation's evaluation factors.

          2. Agency performed  a sufficient price analysis where the awardee's prices under a
          fixed-price contract were compared to the prices of the other offerors, and to the
          government  estimate, and all prices received were within a narrow range.

          3. Protest allegation that the agency conducted misleading discussions by advising
          the protester that its prices were too low, and then making award at prices very
          similar to those proposed by the protester before discussions, is denied where the
          record shows that the agency repeatedly advised both the protester and the awardee
          that their unit prices for the indefinite-delivery/indefinite-quantity portion of this
          effort were significantly lower than the government's estimate, and seemed
          unrealistic, and ultimately offered the competitors a final option of either increasing
          their prices, or providing detailed support for their pricing; when both provided the
          requested support, the agency reviewed it, and reasonably concluded the offerors
          had provided an acceptable justification for their prices.
          DECISION

          Robinson's Lawn  Services, Inc. protests the award of a contract to R-CON
          Construction, Inc. under request for proposals (RFP) No. N40085-06-R-1 112, issued
          by the Department of the Navy, for ground maintenance services at the Naval Air

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