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B-402143.2,B-402143.3 1 (2010-02-19)

handle is hein.gao/gaobadbfe0001 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. No party requested redactions;
                                                      we are therefore releasing the decision in its entirety.

          Decision

          Matter  of:  BOSS  Construction, Inc.

          File:        B-402143.2; B-402143.3

          Date:        February 19, 2010

          James T. Hopkins, Esq., Schiffrin Olson Schlemlein & Hopkins, PLLC, for the
          protester.
          Lee P. Curtis, Esq., and Troy E. Hughes, Esq., Perkins Coie LLP, for Mowat
          Construction Company,  Inc., an intervenor.
          Craig T. Donovan, Esq., and James L. Weiner, Esq., Department of the Interior, for
          the agency.
          Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly rated proposal unacceptable is denied where
          solicitation specified 18-month limit for completion of all work, and protester's
          proposed schedule showed  completion of some activities 20 days after the 18-month
          limit.
          DECISION

          BOSS  Construction, Inc., of Bellingham, Washington, protests the award of a
          contract to Mowat Construction Company, Inc., of Woodinville, Washington, by the
          Department  of the Interior, Bureau of Reclamation (BoR), under solicitation
          No. 09SP101729 for construction services on the Weber Siphon Project, as part of the
          Columbia Basin Project in Grant County, Washington. BOSS argues that its
          proposed schedule was misevaluated as unacceptable, and that Mowat also
          proposed an unacceptable schedule.

          We deny the protest.

          BACKGROUND

          On August 6, 2009, the BoR issued the solicitation, seeking proposals for installation
          of the second barrels of the Weber Branch Siphon and Weber Coulee Siphon on the
          East Low Canal of the Columbia Basin Project, in Washington. The solicitation
          instructed offerors to propose a technical approach, including a detailed critical path

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