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B-402000 1 (2009-12-29)

handle is hein.gao/gaobadbem0001 and id is 1 raw text is: Ii .L A G A O Comptroller General f. A Accountabity * 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 aprvdfor public release. Decision Matter of: Building Restoration Corporation File: B-402000 Date: December 29, 2009 Timothy A. Sullivan, Esq., and Jason C. Tarasek, Esq., Best & Flanagan LLP, for the protester. Capt. Bridget E. Keenan, Department of the Army, for the agency. Cherie J. Owen, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly evaluated protester's proposal as marginal, and thus ineligible for award under the terms of the solicitation, is denied where the record shows that the agency reasonably concluded the proposal's deficiencies and weaknesses warranted a technical rating of marginal, and thus properly made award to the lowest-priced, technically-acceptable offeror without conducting discussions. DECISION Building Restoration Corporation (BRC) of Roseville, Minnesota, protests the award of a contract to Hydro-Tech, Inc., of Lehi, Utah, under request for proposals (RFP) No. W91QF4-09-R-0020, issued by the Department of the Army for repair of a tower at Fort Leavenworth, Kansas. BRC contends that the Army's evaluation of its proposal was unreasonable. We deny the protest. BACKGROUND The RFP was issued on July 14, 2009, and called for the award of a fixed-price contract. The RFP provided that award would be made, without discussions, to the lowest-priced, technically-acceptable offeror. RFP at 10. Under the technical evaluation factor, the RFP identified four subfactors: (1) prior experience with historic preservation construction projects; (2) technical excellence; (3) management capability; and (4) personnel qualifications. Id.

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