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B-402090,B-402090.2 1 (2010-01-12)

handle is hein.gao/gaobadbdy0001 and id is 1 raw text is: L G A O 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. D e c is io n ........................................................... Matter of: Kiewit Texas Construction L.P. File: B-402090; B-402090.2 Date: January 12, 2010 Neil H. O'Donnell, Esq., and Dennis J. Callahan, Esq., Rogers Joseph O'Donnell, for the protester. Richard B. Oliver, Esq., and Keith Byers, Esq., McKenna Long & Aldridge LLP, for the intervenor. P. Alex Petty, Esq., Corps of Engineers, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's rejection of proposal as technically unacceptable for failure to demonstrate ability to schedule and accomplish timely performance is denied where record shows evaluation was reasonable and consistent with solicitation's terms. DECISION Kiewit Texas Construction, L.P. of Fort Worth, Texas, protests the issuance of a task order to Environmental Chemical Corporation (ECC), of Burlingame, California, by the Corps of Engineers under request for proposals (RFP) No. LARUR-09-R-001 for levee repairs and improvements in Galveston County, Texas. Kiewit contends that the agency unreasonably rejected its proposal as technically unacceptable based on unstated evaluation criteria. 1 Our Office's consideration of the protest is authorized by section 843 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA), Pub. L. No. 110-181, 122 Stat. 3, 236-39 (2008), which modified protest limitations previously imposed by the Federal Acquisition Streamlining Act of 1994 regarding permissible protests; NDAA specifically provides that, in addition to previously permitted task order protests, a protest is authorized with regard to an order valued in excess of $10,000,000. 122 Stat. 237. We view the NDAA's authorization as extending to protests asserting, as argued here, that an agency's selection decision failed to reasonably reflect the ground rules established for the task order competition. (continued...)

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