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B-402392.2 1 (2010-03-29)

handle is hein.gao/gaobadbgb0001 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: Superior Gunite File: B-402392.2 Date: March 29, 2010 Leonard R. Ruzicka, Jr., Esq., Stinson Morrison Hecker, for the protester. Gary M. Smith, Esq., Lewis Rice Fingersh, for SAK Construction LLC, the intervenor. Parag J. Rawal, Esq., and Jeffrey E. Asbed, Esq., Department of the Army, Corps of Engineers, for the agency. Tania Calhoun, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of the agency's rejection of the protester's proposal as technically unacceptable is denied, where the protester failed to submit a complete technical proposal. DECISION Superior Gunite, of Lakeview Terrace, California, protests the rejection of its proposal and the award of a contract to SAK Construction LLC, of O'Fallon, Missouri, under request for proposals (RFP) No. W912P9-10-R-0702, issued by the U.S. Army Corps of Engineers for the rehabilitation of sewers in the Metropolitan Sewer District (MSD), St. Louis, Missouri. We deny the protest. The solicitation, issued as a small business set-aside, contemplated the award of a fixed-price contract to the firm submitting the lowest priced, technically acceptable proposal. RFP § 00100, at 14. Offerors were informed that, for a proposal to be found technically acceptable, an offeror must not be on the debarred bidders list and the proposal must receive a satisfactory or higher rating. Id. The RFP further advised that the agency intended to award a contract without conducting discussions, but reserved the right to conduct discussions if it was deemed to be in the government's best interests. Id. Consistent with this instruction, the RFP set out Federal Acquisition Regulation (FAR) clause 52.215-1, Instructions to Offerors--Competitive Acquisition. Id. at 2-5. In relevant part, this

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