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B-402602 1 (2010-06-17)

handle is hein.gao/gaobadbim0001 and id is 1 raw text is: JiL .L A - GA O Comptroller General f~.n! 7 Accountabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Brican Inc. File: B-402602 Date: June 17, 2010 Brian Gibbons for the protester. Neil J. Nulty, Esq., Department of Veterans Affairs, for the agency. Pedro E. Briones, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the agency evaluated the awardee's and the protester's proposals unequally by crediting the awardee for the experience and past performance of a specialty subcontractor, but not similarly crediting the protester, which proposed the same subcontractor. DECISION Brican, Inc., of Springfield, Massachusetts, protests the award of a contract to Legion Construction, Inc., of Chelmsford, Massachusetts, under request for proposals (RFP) No. VA-241-10-RP-0004, issued by the Department of Veterans Affairs (VA) for construction of a radiology imaging center at the VA Medical Center (VAMC) in White River Junction, Vermont. We sustain the protest. BACKGROUND The RFP, issued as a service-disabled veteran-owned small business set-aside, sought proposals for construction services to expand and replace the VAMC's radiology imaging center, including a room for Magnetic Resonance Imaging (MRI). See RFP at 1, 16. The RFP provided for award on a price/technical tradeoff basis, without conducting discussions, under the following evaluation factors: past performance, management approach, and price. Id. at 16-17. The past performance and management approach factors were stated to have equal weight, and when combined, to be more important than price. Id.

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