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B-402496 1 (2010-05-13)

handle is hein.gao/gaobadbix0001 and id is 1 raw text is: li AL A , G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Bilfinger Berger AG Sede Secondaria Italiana File: B-402496 Date: May 13, 2010 Carl L. Vacketta, Esq., Fernand A. Lavallee, Esq., Seamus Curley, Esq., J. Philip Ludvigson, Esq., Nedra S. Adams, Esq., and C. Bradford Jorgensen, Esq., DLA Piper US LLP, for the protester. Joseph P. Hornyak, Esq., T. Wayne Gray, Esq., and Megan Mocho Jeschke, Esq., Holland & Knight, LLP, for Cooperativa Muratori Riuniti, an intervenor. Katherine D. Denzel, Esq., U.S. Army Corps of Engineers, for the agency. Frank Maguire, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging negative responsibility determination is denied where agency-- relying on information that protester and debarred firm were related companies that previously had performed contracts using each other's resources and that protester would make use of debarred firm's resources in performing contract under Italian licensing system--reasonably determined that debarred firm would participate in contract performance. DECISION Bilfinger Berger AG Sede Secondaria Italiana (BBSSI), of Vincenza, Italy, protests the award of a contract to Cooperativa Muratori Riuniti (CMR), of Bologna, Italy, under request for proposals (RFP) No. W912GB-09-R-0032, issued by the U.S. Army Corps of Engineers for construction, repair, and facilities maintenance services in Italy. The protester challenges the agency's determination that it is not a responsible prospective contractor. We deny the protest. BACKGROUND The RFP, issued on May 12, 2009, was for award, on a best value basis, of the Italy Job Order Contract (JOC), for construction, renovations, repair, and replacement of

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