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B-402652,B-402652.3 1 (2010-06-28)

handle is hein.gao/gaobadbol0001 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: Reliable Builders, Inc. File: B-402652; B-402652.3 Date: June 28, 2010 Phillip Torres, Esq., Teker Torres & Teker, PC, for the protester. David A. Rose, Esq., Rose Consulting LLC, for Guam Pacific International, LLC, an intervenor. Richard Huber, Esq., Department of the Navy, Naval Facilities Engineering Command, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that two offerors' proposals under solicitation set aside for small businesses should have been rejected as unacceptable based on noncompliance with limitation on subcontracting clause is denied where record fails to support protester's allegation that proposals, on their faces, demonstrated that offerors would not or could not comply with limitation on subcontracting clause. 2. Protest challenging evaluation of protester's proposal is denied where record shows evaluation was reasonable and consistent with solicitation. DECISION Reliable Builders, Inc. (RBI), of Tamuning, Guam, protests the rejection of its proposal and the award of contracts to Guam Pacific International, LLC (GPI), of Barrigada, Guam, and Overland Corporation, of Ardmore, Oklahoma, under request for proposals (RFP) No. N40192-10-R-2800, issued by the Department of the Navy, Naval Facilities Engineering Command for the award of multiple contracts for new construction, renovation, and repair of government facilities on Guam. The protester argues that the proposals of GPI and Overland should have been rejected because neither firm is capable of complying with the solicitation requirement that at least 15% of the cost of the contract be performed with the firm's own employees. RBI also objects to the evaluation of its own proposal. We deny the protest.

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