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B-402422 1 (2010-04-21)

handle is hein.gao/gaobadbgt0001 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: Sletten Companies/Sletten Construction Company File: B-402422 Date: April 21, 2010 Timothy E. Heffernan, Esq., and Brian R. Dugdale, Esq., Watt, Tieder, Hoffar & Fitzgerald, LLP, for the protester. John E. McCarthy, Jr., Esq., Peter J. Eyre, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for M.A. Mortenson Company, an intervenor. Leigh Ann Bunetta, Esq., General Services Administration, for the agency. Linda C. Glass, Esq., Jonathan L. Kang., Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the evaluation of the protester's proposal and the agency's selection decision is denied, where record shows that the protester's proposal failed to meet material requirements of the solicitation and was technically unacceptable. DECISION Sletten Companies/Sletten Construction Company, of Great Falls, Montana, protests the award of a contract to M.A. Mortenson Company, of Bellevue, Washington, under request for proposals (RFP) No. GS-08P-09-JFC-0009, issued by the General Services Administration (GSA) for the design and construction of a federal courthouse in Billings, Montana. The protester argues that GSA misevaluated the firm's proposal and failed to consider its lower price in the selection decision. We deny the protest. BACKGROUND The RFP, which is being funded under the American Recovery and Reinvestment Act, provided for the award of a fixed-price contract for the design and construction of a new federal courthouse in Billings, Montana. In accordance with Federal Acquisition Regulation (FAR) part 36.3, Two-Phase Design-Build Selection Procedures, the procurement was to be conducted in two phases. Under phase I, the agency sought submissions from interested firms to determine which qualified firms would be invited to provide technical and price proposals under phase II. In

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