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B-401877 1 (2009-12-02)

handle is hein.gao/gaobadbcz0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability 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: W. Gohman Construction Co. File: B-401877 Date: December 2, 2009 Tamara M. McNulty, Esq., Duane Morris LLP, for the protester. Lt. Col. Dana J. Chase, Department of the Army, for the agency. Jacqueline Maeder, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected protester's proposal as unacceptable where solicitation provided that contractor would be responsible for all temporary (during construction) utility costs, and protester's proposal took exception to requirement, stating that its price excluded sewer and water accessibility fees. DECISION W. Gohman Construction Co., of St. Joseph, Minnesota, protests the award of a contract to Holte/Graham Joint Venture, of Ramsey, Minnesota, under request for proposals (RFP) No. W912LM-09-R-0002, issued by the Department of the Army, Army National Guard, for the construction of the Arden Hills Readiness Center, Phase I, at the Arden Hills Army Training Site in Minnesota. Gohman argues that the agency improperly determined that its price was incomplete, and that its proposal therefore was unacceptable, for failing to include sewer and water accessibility charges (SAC/WAC). We deny the protest. The RFP, issued as a small business set-aside on May 29, 2009, contemplated the award of a fixed-price construction contract. Section 00100 of the solicitation provided instructions for the preparation of proposals. As relevant here, paragraph 10, Information Regarding Availability of Utility Services, advised offerors that It has been determined that all temporary utilities shall be the responsibility of the contractor. The contractor will pay all

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