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B-401887.3,B-401887.4 1 (2010-04-26)

handle is hein.gao/gaobadbhq0001 and id is 1 raw text is: ,G A O Comptroller General LXn , 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: Ewing Construction Co., Inc. File: B-401887.3; B-401887.4 Date: April 26, 2010 Paul H. Sanderford, Esq., Sanderford & Carroll, P.C., for the protester. Joe D. Baker, II, Esq., Department of the Navy, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency conducted prejudicially misleading discussions with the protester where, in taking corrective action in response to the protester's prior protest, the agency reevaluated an aspect of the protester's proposal as constituting a deficiency that rendered the proposal ineligible for award under the solicitation's stated evaluation scheme, and while that aspect of the protester's proposal had been previously identified during discussions as a significant weakness, under the solicitation's stated evaluation scheme this would result in the proposal being downgraded, but not rendered ineligible for award. DECISION Ewing Construction Co., Inc., of Corpus Christi, Texas, protests the award of a contract to Overland Corp., of Ardmore, Oklahoma, under request for proposals (RFP) No. N69450-09-R-0754, issued by the Department of the Navy, for the design and construction of a rotor blade processing facility at the Corpus Christi Army Depot (CCAD), Naval Air Station, Corpus Christi, Texas. Ewing argues that the agency failed to conduct meaningful discussions and failed to reasonably evaluate proposals. We sustain the protest. The RFP provided for the award of a fixed-price contract for the design and construction of an addition to an existing building at the CCAD. The solicitation stated that the procurement would be conducted in two phases. In phase I, the agency would evaluate proposals under the evaluation factors of corporate experience (technical qualifications), past performance, and past performance in utilizing small business programs. RFP at 7. The solicitation explained that phase I

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